양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Industrial Bank of Korea received a joint and several guarantee from the co-defendant B of the first instance trial, and loaned KRW 10,000,000 to the Defendant (hereinafter “instant loan”); the Industrial Bank of Korea transferred the above loan claims to the SBS Co., Ltd. on December 16, 2002; the SBS Co., Ltd. on February 27, 2004 to Busan Mutual Savings Bank; and each of the above assignment claims was notified to the Defendant.
B. Busan District Court Decision 2005Da560210 delivered on April 26, 2006 that "the defendant jointly and severally with B shall pay 2,569,806 won and 20% interest per annum to Busan Mutual Savings Bank from March 16, 2006 to the date of full payment" (hereinafter "prior judgment") was handed down on May 18, 2006. The judgment became final and conclusive on May 18, 2006.
C. On November 23, 2011, Busan Mutual Savings Bank succeeded to the instant loan claims of the Plaintiff that became final and conclusive by the Financial Services Commission upon receipt of a decision to transfer contracts under Article 14(2) of the Act on the Structural Improvement of the Financial Industry. On November 24, 2011, the claim for the instant loan claims of the Plaintiff was publicly announced in daily newspapers.
【Reason for Recognition】 Each entry of Evidence Nos. 1 through 4, and the purport of the whole pleadings
2. According to the above facts, the defendant is obligated to pay the plaintiff 2,569,806 won and damages for delay at the rate of 20% per annum from March 16, 2006 to the date of full payment in accordance with the judgment of the previous suit. If the plaintiff files the lawsuit of this case for the extension of the extinctive prescription period of the claim established by the preceding judgment, the lawsuit of this case has the benefit of protecting rights as a lawsuit for the interruption of extinctive prescription.
As to this, the defendant shall have prescription for the loans of this case.