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(영문) 부산고등법원(창원) 2015.05.14 2014나21888
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The instant lawsuit is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. Defendant (84,500,000,000 won) loans for other facilities (84,500,000 won) on October 21, 2005, 1, 200, 1 as joint and several surety (guarantee ceiling) the loan amount of the loan of KRW 65,000,000 on the date of concluding a credit transaction agreement, Defendant (360,000,000,000 on May 8, 2008, Defendant (360,000) of this case’s loan of KRW 2 guaranteed obligation of KRW 35,00,000 on May 29, 208, Defendant (954,00,000,000) of this case’s loan of KRW 3 guaranteed obligation of KRW 45,00,000 on June 4, 2008, and KRW 1000,000 on general loan of KRW 1000,000.

1) The new bank (hereinafter “new bank”) shall be

) The four credit transaction agreements with A were concluded, and the Defendant jointly and severally guaranteed each obligation that A owes to a new bank. The specific contents are as follows (hereinafter the Defendant’s obligation is as follows: “The Defendant’s obligation is as follows: “The First, Second, Three, and Four Guarantee Obligations”; and the Defendant’s obligation is as follows: “The Defendant’s obligation is as the Defendant’s obligation;” and “each of the instant guaranteed obligations” in a lump sum.

(2) A was granted loans from a new bank.

B. On June 19, 2009, the new bank transferred all of the claims under each of the credit transaction agreements with the Plaintiff A and the Defendant pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation.

C. The defendant's bankruptcy and exemption 1) on March 10, 2009, the defendant filed an application for bankruptcy and exemption from liability with Busan District Court Decision 1072,1072,2009Hadan1070 on 2009, and the above court decided to discontinue the bankruptcy on June 30, 2009 at the same time with the declaration of bankruptcy. On June 30, 2009, the above court announced the bankruptcy and the discontinuation of the bankruptcy on 30 June 30, 2009. At the same time, the court sent the above notice of the bankruptcy and the discontinuation of bankruptcy to the bankruptcy creditors such as the new bank, and the new bank received the above documents on July 6, 2009.

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