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(영문) 서울중앙지방법원 2016.05.12 2014가합10804
양수금
Text

1. The defendant shall pay to the plaintiff succeeding intervenor KRW 130,000,000 within the scope of the deceased's inherited property.

2...

Reasons

1. Basic facts

A. On January 9, 1995, C entered into a trade bill loan transaction agreement with Gangseo-gu Bank (Yanwon Bank was merged with the Kanwon Bank on September 14, 1999, and thereafter, the Kanwon Bank was changed into a new bank; hereinafter “stock company”) by setting the lending limit of KRW 100 million and the period of transaction from January 9, 1995 to January 9, 1996, and A set the guarantee limit of KRW 130 million and joint and several surety under the above loan transaction agreement as the guarantee limit of KRW 100,000,000.

(2) At the time of the loan transaction agreement and the joint and several guarantee agreement, the principal bank's claim against A based on the above joint and several guarantee agreement (hereinafter referred to as the "joint and several guarantee agreement in this case"). C and A approved that the principal bank's credit transaction basic terms and conditions apply at the time of the above loan transaction agreement and the joint and several guarantee agreement, and the damages for delay decided by the principal bank shall be in accordance with the rate of damages for delay determined by the principal bank. The interest rate set by the principal bank

B. The Gangwon Bank loaned KRW 99 million to C pursuant to the above loan transaction agreement.

(hereinafter referred to as the “instant loan claim”) with respect to the principal and interest of loan to the Gangwon Bank C based on the foregoing loan transaction agreement.

C has lost a benefit due to overdue interest and interest of a loan due to the foregoing loan transaction agreement, and on February 21, 2014, the amount of debt as of February 21, 2014 is as follows:

Terms and conditions of the remaining terms and conditions of the loan 193% C 130,000,000 9,000,000,000 355,397,0034,397,003 19% C 130,000,000 A on January 9, 1995, the total amount of principal (the principal) interest (the principal) on the loan of the original debtor on the date of the agreement on the contents of the remaining terms and conditions of the loan.

D. On June 30, 2001, the Choung Bank transferred the instant loan claim to the "Specialized Asset-Backed Company of the first asset-backed securitization (hereinafter "the instant limited company") under an asset transfer agreement. The instant limited company withdraws from the Plaintiff on October 6, 2009 and hereinafter "Plaintiff").

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