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(영문) 창원지방법원통영지원 2017.07.11 2017가단567

청구이의

Text

1. It is based on the judgment of Changwon District Court Decision 2007Kadan4904 Decided August 31, 2007 against the defendant's plaintiff.

Reasons

1. Basic facts

A. The Defendant (former Mutual Aid and Finance Corporation) filed a lawsuit claiming the payment of the acquisition amount against the joint and several sureties, including B and the Plaintiff, by asserting that the Defendant received a loan claim against B from the Common Credit Union (Seoul High Court Decision 2007Gadan4904), and on August 31, 2007, the judgment that “B, C, D, and the Plaintiff jointly and severally pay to the Defendant the amount calculated at the rate of 22% per annum from December 8, 2002 to the date of full payment” (hereinafter “instant judgment”), which became final and conclusive on September 22, 2007.

B. On March 3, 2011, B, upon B’s request for reduction of and exemption from debt and for installment repayment, debt settlement was made with a condition that the remainder of debt is repaid by May 30, 2015. However, B, until October 20, 2016, only KRW 15,750,000 was paid.

Around October 25, 2016, the Defendant notified B of the purport that “B only repaid KRW 15,750,000 and fails to repay the remainder KRW 2,100,000, and the debt settlement became effective as of October 20, 2016,” through the head of the KTB Credit Information Company, the GTB Credit Information Company, and the head of the Dong-Nam Branch, which delegated debt collection.”

C. The Defendant appropriated 15,750,000 won paid by B in connection with the lawsuit to pay the principal of KRW 174,740 and KRW 15,575,260 out of the principal of KRW 23,070,680 and the principal of KRW 15,575,260. As of June 7, 2017, the principal and interest based on the instant judgment remains in KRW 7,495,420 (i.e., KRW 23,070,680 - KRW 15,575,260) and interest KRW 61,543,191.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 2 and Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. On March 3, 201, at the request of B on March 3, 2011, there was an agreement between B and the Defendant regarding the Plaintiff’s claim, but B did not repay only KRW 15,750,000 until October 25, 2016 and did not repay the remainder of KRW 2,10,000.