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(영문) 부산지방법원 동부지원 2018.09.13 2018가단208675

양수금

Text

1. The defendant

(a) Payment of KRW 161,189,040;

(b) 7,979,653 Won and its limit of 240,000,000;

Reasons

1. Facts of recognition;

A. The Defendant set a ceiling on the three loans, which were concluded with the Bank of Korea by the two non-party Mine Co., Ltd., and received with the Bank of Korea, respectively, and jointly and severally guaranteed on August 19, 2004; November 24, 2004; and January 6, 2006.

B. The Plaintiff, after acquiring the claim from the Bank of Korea for two mines Co., Ltd. and the Defendant, filed a lawsuit against Busan District Court Decision 2007Gahap22319 against the Defendant.

On June 18, 2008, the above court rendered a judgment against the defendant without holding any pleadings as follows, and the above judgment became final and conclusive on July 24, 2008.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff who filed a lawsuit again for the extension of prescription KRW 161,189,040, and ② to pay damages for delay at each rate of KRW 77,979,653 within the limit of KRW 240,00,000 and KRW 43,381,361 among them, 17% per annum from January 25, 2005 to April 24, 2005, and 19% per annum from the next day to the day of full payment.

B. The defendant does not have a joint and several guarantee of the two mining obligations of the corporation, but the defendant's assertion that is different from that of the final and conclusive judgment cannot be accepted as a result of res judicata.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.