양수금
The plaintiff's appeal is dismissed in entirety.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The E Co., Ltd. (hereinafter “E”) lends each of the loans of KRW 10 million to Defendant B, KRW 10 million on June 11, 1997, KRW 300,000,000 on June 29, 1998, and KRW 29,000,000 on December 29, 198, and each of the “loans Nos. 1, 2, and 3” and “each of the loans of this case” in total.
Defendant C jointly and severally guaranteed loans Nos. 1 and 3, and Defendant D’s loans No. 2.
B. The balance of each of the instant loans as of August 13, 2013 is as follows:
4,676,393 won 16,104,095 won 20,780,780,488 won on June 29, 198, 3198, 29.2,312,00 won 7,171,961 won 9,483,961 won on June 29, 1998, 3198, 8,98,797,508 won on December 29, 298, in total, 30,000,000 won 6,797,508 won on June 29, 1998.
C. In around 2003, the non-party bank applied for a payment order against the defendants for the performance of the loan and the joint and several sureties obligation, and the payment order (the Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2003Ka2832) was finalized on September 9, 2003. The payment order (the non-party bank ordered the defendant C to perform the joint and several sureties obligation on December 3, 2003.
(hereinafter collectively referred to as "prepaid payment order and judgment") d.
On August 13, 2013, the bankruptcy trustee of the non-party bank filed a lawsuit against the Defendants for a loan claim (the Changwon District Court Decision 2013Gau22055), but was ordered to dismiss the complaint on September 10, 2013, and the above order was finalized on September 28, 2013.
E. On March 27, 2014, the Korea Deposit Insurance Corporation filed a lawsuit (Seoul Central District Court 2014dada532975) against the Defendants, and transferred each of the instant loans to the Plaintiff on August 14, 2014, before the said complaint was served on the Defendants.