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(영문) 서울서부지방법원 2020.07.16 2020나42573

양수금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) filed a lawsuit claiming a loan against the Defendant and D Co., Ltd. (hereinafter “D”) with the Suwon District Court 2008Gau-si 52364 (hereinafter “C”).

Defendant and D jointly and severally paid 5,307,349 won and 4,982,123 won and damages for delay to C. The final decision of performance recommendation was made on January 17, 2009, and D was rendered on May 14, 2009, and the final decision was made on June 9, 2009.

The above decision and the ruling are about the second loan of April 24, 2007 executed by C to D under the defendant's joint and several sureties.

(2) On December 17, 2009, upon the execution recommendation as above, C applied for the attachment and collection order (U.S. District Court 2009TT20523) against the Defendant's deposit claim on December 17, 2009, and the above decision was served on the third obligor on December 24, 2009.B. C filed a claim suit against the Defendant and D by the Suwon District Court 2008Gaga53633, Suwon District Court 2008 and filed a claim suit against the Defendant and D on May 14, 2009. The above decision became final and conclusive on June 9, 2009 (hereinafter referred to as "the Defendant and D jointly and severally agreed to pay damages for delay to KRW 8,244,491 and its 7,94,047) and the above decision became final and conclusive on June 14, 2009.

C filed a loan claim suit against the defendant and D with the Suwon District Court 2008Gapo-si 52371.

Defendant and D jointly and severally paid 8,761,665 won and delay damages for 8,498,354 won among them to C, and as to D, a final decision of performance recommendation was made on January 17, 2009, and as to D, a decision was made on May 14, 2009 and finalized on June 9, 2009.

The above decision and judgment are the new loan of November 8, 2006 executed by C to D under the defendant's joint and several sureties.