beta
(영문) 부산지방법원 2018.08.29 2018나1794

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. Basic facts

A. On April 4, 2001, the Plaintiff loaned KRW 9,000,000 to B on April 4, 2001 by fixing the due date as 20% of the overdue interest rate on April 4, 2006, and the Defendant, C, and D guaranteed the above loans.

The plaintiff filed a lawsuit against B, the defendant, C, and D with Busan District Court No. 2007Gada15448, Apr. 4, 2007, and the above court rendered a favorable judgment in favor of the plaintiff that "the defendants jointly and severally pay to the plaintiff 19,49,858 won and 9,000,000 won which are calculated at the rate of 25% per annum from January 3, 2007 to the date of full payment." The above judgment became final and conclusive on May 11, 2007. The sum totaling interest arrears totaling KRW 2,104,50,100 and KRW 1,787,685 won and KRW 19,960,932 won and KRW 23,853,117 won.

C. B, the Defendant, C, and D lost the benefit of time due to their failure to repay their obligations from January 3, 2014, and the unpaid amount after January 3, 2014 (hereinafter “instant loan claims”) are as follows:

On the other hand, on April 21, 2017, the Plaintiff entered into an asset acquisition agreement with the Intervenor succeeding to the Plaintiff and entered into the same year.

5.4. The assignment of the claim for the loan of this case to the intervenor succeeding to the plaintiff was made at that time, and the notice of the transfer was delivered to the defendant at that time. [Grounds for recognition] The entries in Gap's evidence Nos. 1 through 4, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff at the rate of 25% per annum from March 16, 2017 to the date of full payment of KRW 23,853,117 and KRW 2,104,50, among the loans of this case, to the Intervenor succeeding to the Plaintiff, barring any special circumstance.

A. The summary of the defendant's assertion is as follows: (a) although the plaintiff (or the plaintiff succeeding intervenor) claims the amount of the loan of this case to three joint and several sureties, it is unlawful to claim the defendant in full; and (b) although the defendant collects the amount to other joint and several sureties, it is against the defendant.