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(영문) 서울중앙지방법원 2018.08.30 2017가단5074340
양수금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 149,64,600 and KRW 93,989,834 among these amounts. From May 27, 2008, Defendant A Co., Ltd. shall pay to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 25, 2004, the Industrial Bank of Korea concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and lent KRW 300,000,000 to the Defendant Co., Ltd., and H jointly guaranteed the Defendant’s obligation to the extent of KRW 54,00,000.

On December 7, 2004, the Industrial Bank of Korea concluded a credit transaction agreement with the defendant company and lent KRW 50,000,000 to the defendant company, and H guaranteed the defendant company's obligations within the limit of KRW 60,000,000.

B. On September 25, 2005, the Defendant Company lost the benefit of time by delaying the payment of the principal and interest of the agreement to be paid every one month, and the Industrial Bank of Korea lost the benefit of time. On January 26, 2007, the Korea Industrial Bank of Korea transferred each of the above loan claims to the Korea Social Co., Ltd., Ltd., and the Industrial Bank of Korea and the Echip Third Limited Co., Ltd. notified each transfer.

C. On July 8, 2008, 2008, the Social Co., Ltd. was sentenced to a judgment against the Defendant Company and H to the effect that the Defendant Company paid to the Social Co., Ltd. the amount of KRW 149,64,600 and the amount of KRW 93,989,834 per annum from May 27, 2008 to the date of full payment, and H paid KRW 114,00,000 among the said money jointly with the Defendant Company, and this judgment became final and conclusive thereafter.

The claims against the Defendant Company of the Dongyang Mutual Fund were transferred to a limited company, a transfer to a company, a transfer to a company, a transfer to a company, a transfer to a company for the management of loan assets, a transfer to a company for the management of office-a loan assets, a company for the Switzerland Savings Bank (a transfer to another company for the future 2 mutual savings banks), and each of

E. H died on November 17, 2013, and his/her heir died as Defendant C, E, F, and G as his/her spouse’s heir.

F. On April 29, 2014, the bankruptcy was declared against the Swiss Savings Bank, Co., Ltd., and the Plaintiff is the bankruptcy trustee.

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