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(영문) 서울중앙지방법원 2017.04.18 2016나79092

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 27,518,628 and KRW 5,549,173 among the Plaintiff and the Plaintiff’s KRW 5,549,173 on October 8, 2015.

Reasons

1. Basic facts

A. On September 9, 1994, Co-Defendant B of the first instance trial (hereinafter “B”) obtained a loan of KRW 10,000,000 from a new life insurance company, and entered into a guarantee insurance company (hereinafter “Seoul Guarantee Insurance Company”) and a small loan guarantee insurance contract with Korea Guarantee Insurance Company (hereinafter “Seoul Guarantee Insurance Company”) to guarantee the repayment of the principal and interest of loans, and the Defendant jointly and severally guaranteed the liability for indemnity against Seoul Guarantee Insurance.

B. The Seoul Guarantee Insurance Co., Ltd. paid KRW 10,841,805 to the New Life Insurance Co., Ltd. on March 14, 1995.

C. The Seoul Guarantee Insurance filed a claim for reimbursement against B and the Defendant by the Seoul District Court 95da127889, and the above court rendered a judgment that accepted the claim of the Seoul Guarantee Insurance on February 2, 1996.

After that, on August 29, 2005, Seoul Guarantee Insurance again filed a claim for reimbursement with the Seoul Central District Court 2005Da1828768 in order to interrupt the extinctive prescription of the above claim against the defendant et al., and the above court rendered a judgment that fully accepted the claim of the Seoul Guarantee Insurance on November 25, 2005.

On June 28, 2013, the Plaintiff acquired the claim for reimbursement from the Seoul Guarantee Insurance Co., Ltd., and notified the obligor of the assignment of the claim upon delegation of the transfer notification authority on June 23, 2014.

E. A claim that the Defendant failed to repay based on October 7, 2015 is KRW 27,518,628 in total of KRW 5,549,173 in principal and interest KRW 21,969,455 in total, and the overdue interest rate determined by the Plaintiff is 17% per annum.

[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence Nos. 6-1, 2-2, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the assignee, the delay interest rate of KRW 27,518,628 and KRW 5,549,173, which is the following day of the base date, to the Plaintiff at the rate of 17% per annum, which is the overdue interest rate from October 8, 2015 to the date of full payment.

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