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(영문) 대전지방법원 2015.05.28 2014나106647

양수금

Text

1. Revocation of a judgment of the first instance;

2. All of the instant lawsuits are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On December 23, 1995, the National Livestock Cooperatives Federation set the interest rate of KRW 5,00,000 on 12.5% per annum, 19% per annum, 19% per annum, and 23 December 1996, and the defendant B guaranteed the above obligation to the National Livestock Cooperatives Federation of the defendant A.

On December 30, 1996, the National Livestock Cooperatives Federation issued an order of provisional seizure of automobiles by Suwon District Court 96Kadan42722 on December 30, 1996 with each of the above claims against the Defendants as claims against the Defendants, and attached on January 7, 1997, CCoindo d-Babband and D Gabing down-boms owned by Defendant A (hereinafter collectively referred to as “the instant vehicles”).

On January 24, 1997, the National Livestock Cooperatives Federation filed a lawsuit against Defendant A seeking payment of the above claim with the Suwon District Court 96Gapo125189, and the above court rendered a judgment that “Defendant A shall pay to the National Livestock Cooperatives Federation the amount of KRW 5,00,000 and the amount of KRW 19% per annum from May 16, 1996 to the date of full payment,” and the above judgment became final and conclusive around that time.

On February 17, 1997, the National Livestock Cooperatives Federation filed a lawsuit against Defendant B with the Daejeon District Court 97 Asan District Court 97 Ghana43, and rendered a judgment that “Defendant B shall pay to the National Livestock Cooperatives Federation KRW 5,00,000 and the amount at the rate of 19% per annum from May 16, 1996 to the date of full payment,” and the above judgment became final and conclusive around that time.

The National Livestock Cooperatives Federation was merged with the National Agricultural Cooperatives Federation in accordance with the Agricultural Cooperatives Act (amended by Act No. 6018 of September 7, 1999), and the National Agricultural Cooperatives Federation comprehensively succeeded to the rights and obligations of the National Livestock Cooperatives Federation.

On March 29, 2004, the instant vehicles scrapped for the reason that they exceeded the age limits, and their registration was cancelled.

The National Agricultural Cooperative Federation provides the Plaintiff with the above loans around March 23, 2005.