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(영문) 서울중앙지방법원 2015.08.21 2015가합4516
양수금
Text

1. The Plaintiff:

A. Defendant A, B, D, and Selection F are jointly and severally liable for KRW 150,000,000 and the corresponding amount.

Reasons

Facts of recognition

On July 7, 1997, the Korean National Bank Co., Ltd. (hereinafter “Nonindicted Bank”) concluded a credit limit trading agreement, payment guarantee agreement, export transaction agreement, purchase of bills of exchange (collection) with Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and traded bills of exchange and foreign currency payment guarantee until December 26, 1997.

As of July 21, 2004, the Defendant Company failed to pay 3,399,276,013 Won as of July 21, 2004, and 263,586.42 US dollars as of 263,586.42 (the balance of the principal of the loan: 1,463,502,602 Won as well as 123,212.92 US dollars: 1,935,773,411 Won as of 1,935,773,411 US dollars as of 140,373.50

When the Defendant Company delays the repayment of the above loan, it promised to pay damages for delay in accordance with the interest rate set by the Nonparty Bank. From January 20, 1999, the overdue interest rate is 19% per annum.

Defendant B, D, Appointed F, and the Network J did not limit each guarantee limit, and Defendant C jointly and severally guaranteed the obligations arising from credit transactions, etc. to the non-party bank at present and in the future, up to the limit of KRW 2,970,00,000.

On September 30, 1998, the non-party bank transferred the above loan claims to the Korea Asset Management Corporation, and the above Corporation once again transferred them to the plaintiff on September 18, 2012, and notified the defendant company, B, C, D, Selection F, and the deceased J of each transfer of claims.

As the network J died on June 20, 2013, the Defendant (Appointed Party; hereinafter “Defendant”) E and the remaining designated parties inherited the deceased’s property. The inheritance ratio is 3/11, Defendant E and the remaining designated parties, respectively. Defendant E and the designated parties reported the inheritance approval to the Suwon District Court Branch Branch Branch Branch 2013Mo906, August 27, 2013.

On the other hand, the Korea Asset Management Corporation, which was the transferee of the above loan claims, is the defendant company.

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