양수금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below is revoked.
1. Claim for the amount taken over from a loan of Class-of-age mining cooperatives;
A. The facts of recognition (1) on December 30, 1997, the Defendant’s loaned KRW 50,000,000 to the Defendant on December 30, 1998, as the repayment deadline for the payment of KRW 50,000,000 to the Defendant.
(hereinafter “instant loan”). Co-Defendant B of the first instance trial jointly and severally guaranteed the instant loan obligation.
(2) On May 15, 2002, the trustee in bankruptcy appointed after the judgment of performance became final and conclusive (A) and became bankrupt, transferred the principal and interest of the instant loan to the Korea Financial Corporation (hereinafter “Korea Financial Corporation”) on May 15, 2002, and notified the Defendant of the fact of assignment of the claim on the 29th of the same month.
(B) The Liquidation Bank filed a lawsuit against the Defendant and B seeking the payment of the principal and interest of the instant loan (this Court Decision 2003Da443494).
B The copy of the complaint was served by mail, and the procedure was carried out by public notice to the defendant.
The judgment that "the defendant and B shall pay 16% interest per annum from April 2, 2002 to May 28, 2004, and 20% per annum from the next day to the day of full payment" (hereinafter "previous judgment") to the reorganization financing corporation with the amount of KRW 87,768,536 and KRW 50,000,00.
On June 26, 2004, the defendant was served with an authentic copy of the previous judgment by public notice.
The previous judgment became final and conclusive around that time.
(3) The Plaintiff’s claim for the instant loan to which the principal and interest of the instant loan was transferred from the Liquidation Financial Corporation, April 30, 207 to the Seongbuk Mutual Savings Bank, Inc. on December 11, 2009, to the Solomon Mutual Savings Bank, and to the Plaintiff on November 29, 201.
[Ground of recognition] Evidence No. 1-1, Evidence No. 3-2, Evidence No. 7-1, 2, Gap No. 8, 9, and 11, and the purport of the whole pleadings
B. (A) Determination on the grounds of the claim is based on the above findings.