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(영문) 서울중앙지방법원 2015.05.15 2013가합562339
양수금
Text

1. The plaintiff succeeding intervenor, stock company, and the bankruptcy debtor, the lawsuit taking over of the Maritime Savings Bank.

Reasons

1. Facts of recognition;

A. On September 27, 2010, the Intervenor, Busan Solomon Savings Bank Co., Ltd. (S. Busan Solomon Savings Bank was changed to Busan Solomon Savings Bank on September 27, 2010, and November 26, 2012.

The Intervenor’s Maritime Savings Bank (hereinafter “ Intervenor’s Maritime Savings Bank”)

Defendant A Co., Ltd. (hereinafter “Defendant A”) on April 10, 2007

(B) A loan of KRW 8,000,000,000 per annum was made with a credit transaction agreement and loaned at a overdue interest rate of KRW 25% per annum (hereinafter “instant first loan”).

(1) Defendant B, C, E, F, G, H, and I (hereinafter “Defendant I”)

(2) On June 30, 2010, Defendant D and J have jointly and severally guaranteed the principal and interest pursuant to the above credit transaction agreement against Defendant A’s Maritime Savings Bank within the scope of KRW 70,200,000,000, respectively. By November 12, 2013, the interest on the above loan occurred in KRW 8,196,602,737. (2) The Intervenor Maritime Savings Bank transferred the principal and interest and joint and several liability claim against the above Defendants to the Plaintiff on June 30, 2010. At that time, the Intervenor Maritime Savings Bank notified the Defendant A of the above assignment of claim.

Then, on May 29, 2014, when the Intervenor Sea Savings Bank was pending in the lawsuit of this case, the Intervenor cancelled the assignment of the above loan between the Plaintiff and then took over the above principal and interest of loan again. At that time, the Plaintiff notified the above Defendants of the fact of cancellation.

3) Meanwhile, the Intervenor’s Maritime Savings Bank was declared bankrupt on October 21, 2014 by Busan District Court Decision 2014Hahap1002, and the Intervenor’s Maritime Savings Bank was appointed as the bankruptcy trustee by the Korea Deposit Insurance Corporation, a litigation trustee of the Intervenor’s Maritime Savings Bank (hereinafter referred to as the “ Intervenor and the Intervenor’s Maritime Deposit Insurance Corporation”) (hereinafter referred to as the “ Intervenors”).

B. B. B. The Intervenor’s Bank EF Savings Co., Ltd. (hereinafter “ Intervenor EF Savings Bank”) is the Defendant.

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