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(영문) 서울중앙지방법원 2016.06.15 2015나72001

양수금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On January 19, 1994, the White Credit Union (hereinafter “White Credit Union”) granted a loan of KRW 5 million to Defendant A, a member of the union, at the rate of 14.5% per annum, and at the rate of delay damage rate of 22% per annum on January 19, 1997, and Defendant B and Co-Defendant C of the first instance trial jointly and severally guaranteed the above obligation to Defendant A.

B. On February 7, 2001, the Magman Union filed a lawsuit against the Defendant A seeking the payment of the above claim (hereinafter “the claim of this case”) and rendered a favorable judgment (Skcheon District Court 2000Gau32447) on March 3, 2001, which became final and conclusive on March 3, 2001.

C. In addition, on February 23, 1998, the Magman Union applied for a payment order against Defendant B, a joint guarantor of the instant claim, and Defendant B did not raise an objection against the original copy of the decision on the payment order, and the decision on the payment order (Cheongju District Court No. 98j2893) became final and conclusive.

On April 15, 2002, the White Round transferred the claim of this case to the Plaintiff (formerly: hereinafter the Plaintiff’s Mutual Bank Corporation) and notified the Defendants of the transfer at that time.

E. The Plaintiff filed a lawsuit against the Defendants (Seoul Central District Court 2005da1620551). On July 20, 2005, the court rendered a decision of performance recommendation that “the Defendants jointly and severally pay to the Plaintiff the amount of KRW 13,349,309 and the amount of KRW 5,000,000 per annum 22% per annum from April 1, 2002 to the date of full payment” was served on the Defendants, but the Defendants did not raise any objection thereto, and each of the Defendant B’s recommendations (hereinafter “instant recommendation decision”). < Amended by Act No. 7650, Aug. 10, 2005; Act No. 7681, Aug. 12, 2005>

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including virtual numbers), and the purport of the whole pleadings

2. According to the above facts of recognition, the defendants jointly and severally against the plaintiff 13,349,309 won and 5,000,000 won among them. < Amended by Presidential Decree No. 17565, Apr. 1, 2002>