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(영문) 서울중앙지방법원 2020.09.11 2019가합542481
양수금
Text

Defendant B Co., Ltd and C shall jointly and severally pay to the Plaintiff KRW 295,00,000 as well as the full payment from March 25, 2004.

Reasons

1. Basic facts

A. On June 10, 2003, D Co., Ltd. (hereinafter “D”) entered into a loan agreement with Defendant B Co., Ltd. (hereinafter “B”) with the loan amounting to KRW 680 million per annum, interest rate of KRW 13% per annum, damages rate of KRW 19% per annum, and maturity of December 10, 2003, and C entered into a joint and several guarantee agreement with Defendant B.

B. D was declared bankrupt by the Busan District Court on June 27, 2006 (2006Hahap1), and the Korea Deposit Insurance Corporation and E were appointed as D’s bankruptcy trustee.

C. The Korea Deposit Insurance Corporation and E filed a lawsuit against the Defendants for loans with the Busan District Court around 2009, and the above court (2009Da46985) rendered a judgment on September 11, 2009 that “Defendant B and C shall jointly and severally pay the amount of KRW 626,813,148 and the amount calculated at the rate of 19% per annum from March 25, 2004 to the date of full payment.”

The above judgment was finalized on October 2, 2009.

(hereinafter “related final and conclusive judgment”) d.

On December 31, 2015, the Korea Deposit Insurance Corporation and E, the trustee in bankruptcy, assigned claims against the Defendants to the Plaintiff based on the final judgment, and the Plaintiff notified the Defendants of the assignment of claims at that time.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3 and the purport of the whole pleadings

2. Claim as to Defendant B

A. According to the judgment on the cause of the claim, the above facts are examined. Defendant B is obligated to pay to the Plaintiff, the assignee of the claim based on the relevant final judgment, the amount of KRW 295 million, and damages for delay calculated by the rate of 19% per annum from March 25, 2004 to the date of full payment, which is part of the claims based on the relevant final judgment.

B. Defendant B’s representative liquidator F alleged that he was not the representative of Defendant B and did not know the cause of his registration as the representative director. However, according to Defendant B’s corporate register, F is the representative director as of September 15, 2003.

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