beta
(영문) 대전지방법원 2017.05.26 2016가단35694

양수금

Text

1. The Defendants jointly and severally against the Plaintiff KRW 99,981,237 and KRW 23,00,000 among them, Defendant A shall be jointly and severally liable to the Plaintiff on December 16, 2016.

Reasons

1. Claim against the defendant A;

A. Facts of recognition 1) Non-Party Treatment Capital Co., Ltd. (hereinafter “Treatment Capital”);

Around June 4, 2001, the loan transaction agreement between Defendant A and the amount of KRW 23,00,000,000, the loan period of KRW 12 months, and the interest rate of arrears shall be 19% per annum (hereinafter “instant loan transaction agreement”).

(2) Around November 21, 2002, Defendant B concluded a loan transaction agreement, and Defendant B jointly and severally guaranteed Defendant A’s obligation at the time of the said loan transaction agreement, and Defendant B transferred the claim based on the instant loan transaction agreement to the Korea Asset Management Corporation, and notified the Defendants of the transfer of the claim at that time.

3) The Korea Asset Management Corporation filed a lawsuit against the Defendants on the above claim for the transfer money amount against the Defendants. On November 28, 2006, the court rendered a ruling that “the Defendants jointly and severally filed a claim for the transfer money amounting to KRW 47,925,620, and KRW 23,000,000 from May 23, 2006 to November 15, 2006, and KRW 24% per annum from the following day to the date of full payment,” and the above ruling became final and conclusive on December 19, 2006 (hereinafter “previous final and conclusive judgment”).

(4) On August 28, 2012, the Korea Asset Management Corporation transferred the above credit to the Plaintiff, and notified the Defendants of the assignment of credit around October 8, 2012.

5) The amount of the above transferred money remaining as of August 18, 2016 is KRW 9,981,237 in total (i.e., principal amount of KRW 23,00,000 overdue interest of KRW 76,981,237 in total). [Grounds for recognition] Nos. 1 through 4 (each entry, including a serial number, and the purport of the whole pleadings)

B. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, Defendant A and the Plaintiff jointly and severally with Defendant B, as to KRW 99,981,237, and KRW 23,00,000 among them, shall be 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 16, 2016 to the date of complete payment, as the Plaintiff seeks.