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(영문) 대전지방법원 2015.06.12 2015나258

양수금

Text

1. The part against the Defendants in the judgment of the court of first instance is revoked.

2. The defendants are jointly and severally liable to the plaintiff 3.3.

Reasons

1. In the first instance trial, the Plaintiff asserted that the Defendants’ claims against the Defendant by the National Bank of Korea (hereinafter “National Bank”), against the Defendant, were acquired respectively by transfer of the claims against the Defendant of the Busan Bank of Busan (hereinafter “Resan Bank”), and that the claim for the transfer amount was filed by the Defendant. The court of first instance accepted the Plaintiff’s claims concerning the claims that were taken over by the Busan Bank, and dismissed all the claims for the claims that were taken over by the National Bank of Korea.

Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the part of the claims that the plaintiff acquired from the national bank.

2. In full view of the purport of Gap evidence Nos. 1, 2, 4, and 5 as to the cause of the plaintiff's claim and the entire arguments, a national bank provided loans to the defendant A at an interest rate of 19% per annum on May 7, 1995, interest rate of 24% per annum, overdue interest rate of 10 million won per annum on May 7, 2003, and payment period of 203. The defendant Eul provided joint and several debt obligations of the defendant A to the national bank. The national bank filed a lawsuit against the defendants with Busan District Court Decision 2003Ga74031, May 13, 2004, "the defendant jointly and severally received 16,017,777 won and 10,000 won from the national bank and 10,000 won per annum on May 27, 200, and the plaintiff was notified to the above defendant 16,50% interest per annum from the above defendant bank to the above 3.