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(영문) 부산고등법원 2019.06.19 2018나57998
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. 1) The Plaintiff’s status, etc. as the parties to a financial institution 1) The Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation (hereinafter “Act on the Disposal of Non-Performing Assets, etc. of Financial Institutions”) in order to perform the acquisition, liquidation, and corporate restructuring

(2) A Co., Ltd. (hereinafter referred to as “A”) is a company engaged in the manufacturing of textile machinery, etc., and the Defendant is serving as a representative director of A from the time of its establishment to that of its establishment.

3) On January 17, 1979, the Small and Medium Business Corporation is a special corporation established under the Small and Medium Enterprises Promotion Act with the aim of contributing to the development of the national economy by efficiently promoting projects for promoting small and medium enterprises. (b) The Defendant entered into a loan agreement and an agreement on joint and several sureties between the Defendant and the Small and Medium Business Corporation; (c) around June 25, 2012, the Defendant paid 150,000 won from the Small and Medium Business Corporation for one year; and (d) the Defendant shall pay the loan agreement with the Small and Medium Business Corporation for two years after the Defendant paid 150,000 won from the Small and Medium Business Corporation for one year; and (e) around March 19, 2013, the Defendant entered into a loan agreement with each of the instant loans agreement with the Defendant to pay 12% interest rate for delay (hereinafter “the instant loan agreement”).

2. After doing so, around August 1, 2014, A and the Small and Medium Business Corporation shall be obligated to discharge the Defendant’s obligations under each of the instant loan agreements with the Small and Medium Business Corporation, and the Defendant shall be obligated to discharge the Defendant’s obligations under each of the instant loan agreements with the Small and Medium Business Corporation.

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