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(영문) 서울중앙지방법원 2015.05.14 2014가단5000874

양수금

Text

1. The Plaintiff:

A. Defendant A shall pay full amounts of KRW 101,117,443 and KRW 35,174,087 among them from December 20, 2013.

Reasons

1. Basic facts

A. On March 12, 1997, Defendant A entered into a loan agreement and received a loan on March 12, 1999, setting forth loans of KRW 20,000,000 per annum, interest rate of KRW 13.5% per annum, interest rate of overdue interest rate of KRW 21% per annum, and date of repayment as of March 12, 1999 with the Agricultural Cooperatives of Daegu (hereinafter “Seoul Agricultural Cooperatives”).

(hereinafter referred to as “first loan”). Defendant B jointly and severally guaranteed the obligation of Defendant A with respect to the said loan agreement.

Defendant A did not pay interest on the above loan and lost the benefit of time on June 29, 1998.

B. On October 10, 1997, Defendant A entered into a loan agreement and received a loan on October 10, 1998 between Non-Party A and Non-Party A, with a rate of 40,000,000 won per annum, interest rate of 13.5% per annum, interest rate of arrears rate of 21% per annum, and date of repayment as of October 10, 1998.

(hereinafter “Second Loan”). Defendant A did not pay interest on the said loan and lost the benefit of time on June 6, 1998.

C. On January 4, 199, the non-party A filed a lawsuit against the defendant A on several recommended loans including the first and second loans and the second loans and received the winning judgment. The above judgment became final and conclusive on September 22, 1999.

In addition, on January 4, 199, the non-party No. 1 filed a lawsuit against the defendant No. 99Gahap70 on several recommended loans including the joint and several debt obligations for the first loan, and the judgment was affirmed on July 25, 199.

According to the Daegu District Court Decision 99Gahap87 against Defendant A, the non-party A executed the auction of corporeal movables ( Daegu District Court 2009No1346) on March 3, 2009.

E. On the other hand, the National Agricultural Cooperative Federation rendered a disciplinary action and a compensation decision on the grounds that the cause of the loss was inflicted on the non-party No. 1 and No. 2.

Accordingly, the non-party No. 3 managed the claims against the Defendants to the extent of the amount of indemnity determined, and C with respect to the first loan of indemnity to some employees.