추심금
1. The plaintiff's appeal is dismissed.
2. The part against the defendant among the judgment of the court of first instance is revoked, and this part of the plaintiff's objection.
1. After remanding, the Plaintiff filed a claim for collection against the Defendant at the first instance court. The first instance court accepted only a part of the Plaintiff’s collection amount, and partly accepted the Plaintiff’s claim.
In this regard, both the plaintiff and the defendant appealed, and the court prior to the remand added the claim for the amount of the original collection to the preliminary claim, and added the claim for the amount of the money to the primary claim. The court prior to the remand accepted part of the plaintiff's claim for the amount of the original claim
As to this, both the plaintiff and the defendant appealed, and the judgment of remand dismissed the plaintiff's appeal and the part against the defendant as to the main claim is reversed and remanded to this court.
Therefore, the scope of this Court's trial after remand is all the part against the defendant in the primary claimant's claim against the defendant and the primary claimant's claim against the defendant.
2. Basic facts
A. C Co., Ltd. (hereinafter “C”) entered into a loan claim of KRW 3,487,265,050 on April 30, 2002 (hereinafter “instant loan claim”) with the Defendant and then entered into a two-year grace period from April 30, 2004, when converting C’s claim of KRW 3,487,265,050 against the Defendant accrued up to that time (hereinafter “instant loan claim”) and the Defendant agreed to postpone the payment for two years until April 30, 2004, but to pay interest at 9% per annum, and thereafter, the payment of the above loan obligation was postponed every two years until April 30, 2010.
Article 1 (Purpose) The defendant shall contribute to the improvement of financial structure by partially repaying the principal of the obligation to C and being exempted from the remainder and the total amount of interest.
Article 2 (Scope of Repayments and Exemptions)
A. The defendant's 1,890,205,996 won of the amount of provisional seizure against C among the obligations against C shall be excluded under this Agreement.
Provided, That in the case of cancellation of provisional seizure, it shall be dealt with in accordance with paragraph (b) of this Article.
B. The defendant shall repay 20% of the principal of the debt with the exception of the amount of provisional seizure under paragraph (1) to C, and C shall be the remainder of the principal.