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(영문) 서울고등법원 2017.04.04 2016나2061755
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On September 19, 198, G entered into a credit transaction agreement with Choung-Hy Bank Co., Ltd. (hereinafter “Daung-Hy Bank”) with a credit limit amounting to 42 million won, and received the loan on the same day. The repayment period for the loan was due until September 19, 201, and the parties agreed to pay damages for delay calculated at the rate of 25% per annum if the principal and interest are not paid at the due date.

B. The Plaintiff and H entered into a contract for the collateral guarantee between the K and K with respect to the loan obligations of G, and the K and K were jointly and severally guaranteed for the credit transactions between G and K.

B. On April 3, 2001, the Choung Investment Bank transferred the above loan claims against G to the Ballast Investment Co., Ltd., the executive partner of the Ballast Water Corporate Restructuring Association 1, and on April 7, 2004, the Ballast Water Investment Co., Ltd. transferred the loan claims that it acquired as above to the Defendant Cho Jae Investment Co., Ltd. (hereinafter “Defendant Cho Jae Investment”).

C. On September 27, 2010, Defendant L&C transferred the loan claim that it acquired as above to Defendant C&B Investment Loan Co., Ltd. (hereinafter “Defendant C&B Investment Loan”). Defendant C&B transferred the said loan claim to Defendant C&B Investment Loan Co., Ltd. (hereinafter “Defendant C&B Investment Loan”).

On the other hand, on November 4, 2005, Defendant DB Investment filed a lawsuit against G, Plaintiff, and H by Seoul Southern District Court Decision 2005Da72823, which decided on February 7, 2006 that the said court shall jointly and severally with G to pay 31,404,487 won and the amount calculated at the rate of 25% per annum from September 20, 2001 to the date of full payment.

e. The Choung Bank shall be G on February 21, 2000.

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