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(영문) 광주지방법원 2017.01.13 2016가합53239
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 894,752,391 as well as KRW 783,326,832 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of the purchase of non-performing loans and the asset management business of purchased bonds. Defendant A (hereinafter “Defendant Company”) is a company established for the purpose of non-ferrous metal import business, etc., and Defendant B is the representative director of the Defendant Company.

B. C (trade name before the alteration of the Defendant Company) received loans from the Industrial Bank of Korea as KRW 500,000,000 on April 29, 2010, and KRW 737,000,000 on July 5, 2010 (hereinafter collectively referred to as “instant loans”), and Defendant B jointly and severally guaranteed the above loans.

C. On November 27, 2012, the Industrial Bank of Korea entered into a contract for the acquisition of assets to transfer the instant loan claims with a local-surgyin-surgyin-surgine (hereinafter “in-surgyin-surgyin-surgine”) that is not a Japanese company. On March 27, 2013, the Industrial Bank of Korea and a specialized company specializing in the Cssargy-backed securitization (hereinafter “NE”) entered into a contract to acquire the status of the assignee of the said transfer agreement.

On March 28, 2013 and March 29, 2013, the Industrial Bank of Korea sent to the Defendant Company a notice of assignment of claims to the effect that the instant loans are transferred to the Defendant Company by content-certified mail, and sent a notice of assignment of claims to the Defendant Company to the SPD, the address of the principal office of the Defendant Company, on the corporate register of the Defendant Company.

E. The fact of the transfer of the instant loan claims against SP-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P/

E. On November 6, 2015, E.S. transferred the instant loan claim to the Plaintiff, and the instant payment order application containing a notice of assignment of claims (Evidence A2) stating the fact of assignment of claims was served on the Defendant Company on April 3, 2016.

F. E.S. (E.) requested a voluntary auction on the real estate held by the Defendant Company, and received dividends of KRW 1,584,492,590 on August 21, 2015. Accordingly, the principal of the said claim is 783,326.

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