양수금
1. As to the Intervenor succeeding to the Plaintiff:
A. The defendant A Co., Ltd. shall be 652,506,228 won and 231,963,857 won among them.
1. Facts of recognition;
A. On July 10, 2008, the Defendant Company received a loan from the Busan Bank Co., Ltd. (hereinafter “Resan Bank”) as follows, and the Defendant C jointly and severally guaranteed the Defendant Company’s above loan obligations.
C C C C C
B. As of February 27, 2014, the Defendants are delaying the payment of the above loans as follows:
C. On September 29, 2009, the Busan Bank transferred the above loan claims against the Defendants to the Plaintiff, and notified the Defendants thereof. At that time, the above notice reached the Defendants.
On October 24, 2014, when the lawsuit of this case was pending, the Plaintiff transferred all of the above loan claims against the Defendants to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the transfer of claims on December 4, 2014 to the Defendant Company and delivered the above notification to the said Defendant around that time.
【Reason for Recognition】 Each description of evidence (including all types of evidence) and the purport of the whole pleadings
2. Determination
A. The judgment on the plaintiff's claim did not take effect since the plaintiff filed an application for withdrawal after the plaintiff's succeeding intervenor's participation in the lawsuit, but the plaintiff's and the plaintiff's succeeding intervenor's claim continues to remain effective as a ordinary co-litigation.
(See Supreme Court Decision 2002Da16729 Decided July 9, 2004, etc.). Therefore, the fact that the Plaintiff transferred the Plaintiff’s claim to the Intervenor succeeding to the Plaintiff to the Plaintiff, as seen earlier, that the Plaintiff lost the Plaintiff’s claim for loans against the Defendants. Thus, the Plaintiff’s claim against the Defendants is without merit.
B. According to the facts of the determination as to the claim by the Plaintiff’s succeeding intervenor, the Defendant Company’s remaining principal and interest of KRW 652,506,228 and KRW 231,963,857 among them, 19% per annum from February 28, 2014 to the date of full payment, 4,020,622 won. < Amended by Presidential Decree No. 25139, Feb. 28, 2014>