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(영문) 서울중앙지방법원 2016.10.07 2015가합23746
양수금
Text

1. As to KRW 1,782,135,329 and KRW 889,870,152 among the Plaintiff, Defendant A Co., Ltd. shall start from September 24, 2015.

Reasons

1. Determination as to the claim against Defendant A

(a)as shown in the reasons for the attachment of the claim;

(However, the creditor is considered as the "Plaintiff" and the debtor is considered as the "Defendant". (B)

Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable provisions of Acts (Judgment on deemed as Confession)

2. Determination as to the claim against the defendant B

A. The following facts are alleged to the effect that there is no dispute between the parties, or that each statement in Gap evidence Nos. 1 through 7 (the defendant Eul was not involved in all operation of the defendant company after the resignation of the auditor office of the defendant company on December 14, 2009, and that there was no fact that Gap evidence No. 5-2 was made. However, the defendant Eul's seal affixed on the above fact guarantee is based on the above defendant's seal, and the defendant Eul's seal affixed on the above fact guarantee certificate No. 5-2 is deemed to be the same as the one of the defendant Eul's seal affixed on each of the above fact guarantee certificates under each of the credit transaction agreements of this case, and the above fact guarantee certificate is accompanied by the certificate of the personal seal impression issued on February 22, 2010 by the defendant Eul's seal issued on February 2, 2010. Thus, the establishment of the above documents alone is insufficient to presume the authenticity of the documents as a whole.

1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

Pursuant to the credit transaction agreements with Busan Bank as listed below (hereinafter referred to as "the credit transaction agreements of this case 1 to 5"), each "the credit transaction agreements of this case" is entered in the following table:

(2) The Defendant Company’s loan and loan and loan and loan money in each column of credit amount. Defendant B guaranteed the Defendant Company’s loan and loan to Busan Bank within the limit of the amount indicated in each column of guarantee limit for obligations under the instant No. 1 through No. 4 credit transaction agreements. Serial on April 5, 2007, the credit amount (won) of the loan subject of the contract date, and the guarantee amount (won) as joint and several surety, are 30 million won (on the other hand, on April 5, 2007).

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