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(영문) 서울서부지방법원 2016.09.30 2016나32791

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. C filed an application for provisional attachment against the Defendant as the right to preserve the loan claim amounting to KRW 40,00,000,000, with the Suwon District Court’s contribution as the preserved right, and the above court accepted the application and rendered a decision of provisional attachment of corporeal movables as of August 20, 196 and as of October 96, 11, 1996, the provisional attachment of corporeal movables as of KRW 96Kahap472.

B. In addition, C filed an application against the Defendant for provisional seizure of credit amounting to KRW 22,50,000 as the preserved right, and the said court accepted it and rendered a decision of provisional seizure of each credit amounting to E with the garnishee as the third obligor as of August 6, 1996. < Amended by Presidential Decree No. 111844, Aug. 6, 1996>

C. Meanwhile, C filed a lawsuit against the Defendant on the merits concerning the right to be preserved for each of the above provisional seizure decisions. The Defendant filed a lawsuit on the claim for loans of KRW 32,00,000 with the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branching 96Dahap2551, but appealed with Seoul High Court Decision 97Na31290 on June 20, 1997 and appealed with Seoul High Court Decision 97Na31290 on April 2, 1999, and the appellate court rendered a final judgment on April 2, 199, “the Defendant shall pay KRW 12,00,000 and 25% interest per annum from July 25, 1996 to the full payment date.” The Defendant appealed with the Supreme Court Decision 9Da23918 on August 23, 199, but the above judgment became final and conclusive at that time.

(hereinafter “the first final judgment of this case”) d.

In addition, C filed a lawsuit claiming payment of KRW 20,00,000 against the Defendant, as the case of the above principal claim, with the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office of 97Na31306 on June 20, 197, which was sentenced to the Seoul High Court's judgment against the Defendant on June 20, 1997 and appealed as Seoul High Court Order 97Na31306 on August 26, 199, and "the Defendant shall pay KRW 5,00,000 to C, and its amount shall be 6% per annum from May 23, 1996 to August 26, 199, and 25% per annum from the following day to the date of full payment.