양수금
1. The part against the defendant in the judgment of the first instance is revoked.
2. The defendant shall be the plaintiff.
(a) the co-defendant B of the first instance trial;
1. Facts of recognition;
A. On September 28, 1992, F entered into a bill trading agreement with the Hanyang Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) with the content that the bill shall be discounted within the limit of 30,000,000 won, and the Defendant jointly and severally guaranteed F’s debt.
B. Upon entering into a bill transaction agreement, F shall pay damages for delay at the rate of 22% per annum if delay in the performance of the obligation. In the event of a change in the financial situation or any other reasonable cause, F agreed to pay damages for delay as determined by the Hanyang Depository within the limit of the highest interest rate pursuant to the laws and regulations. The rate of damages for delay determined by the Hanyang Depository at the time of delay of F is 20% per annum
C. F was paid at a discount of the amount of KRW 30,00,000 at the face value of the issuance of the Young-gu Corporation at the Hanyang Treasury on the day of the Agreement on the Transactions of Promissory Notes. F did not pay the remainder of the principal and interest, in addition to the discharge of the principal amount of KRW 30,000,000 and interest up to December 25, 1996, out of the amount of the discount of the amount of KRW 30,000,000,000.
On October 17, 2003, the Hanyang Fund transferred the check-in discount bonds to the Plaintiff (the Plaintiff without being divided into the “Stock Company Reorganization and Financing Corporation” before the change; hereinafter, the Plaintiff) and notified F of this at that time.
E. The Plaintiff filed a lawsuit against the Defendant with Jeju District Court 2004Kadan871, and the above court rendered a judgment on November 25, 2004 that “the Defendant shall jointly and severally with F to the Plaintiff pay to the Plaintiff the amount calculated at the rate of 20% per annum from August 1, 2003 to the date of full payment for KRW 77,968,570 and KRW 29,91,368.”
F. The defendant filed an appeal to the above judgment in Jeju District Court No. 2009Na549, but the appellate court dismissed the appeal on July 22, 2009, and the plaintiff in the course of the lawsuit has the authority to notify the transfer of claims from the Korea Deposit Insurance Corporation to the Korea Deposit Insurance Corporation in the process of the lawsuit.