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(영문) 대구지방법원 2015.09.23 2015나301456

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff's claim 1) filed a lawsuit against Eul on June 30, 2004 against the Daegu District Court 2003Kadan7517 and rendered judgment that "B shall pay to the plaintiff 23% per annum from November 25, 1998 to November 4, 2001, and damages for delay calculated at the rate of 19% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time. 2) The plaintiff filed a lawsuit against Eul for the claim for the amount of loan No. 2004Kadan2229 decided on July 6, 2004 with "B shall pay to the plaintiff 143,567,000 won and the amount of loan No. 52,5270% per annum from November 27, 2004 to the day of full payment."

3) On January 26, 2005, the Plaintiff filed a lawsuit against B on the claim for the amount of money transferred from the Daegu District Court 2004Kadan6917, the Plaintiff received a decision of recommending reconciliation that “B shall pay to the Plaintiff 290,485,000 won per annum from August 17, 1998 to November 4, 2001, 23% per annum from the next day to the day of full payment, and 19% per annum from the next day to the day of full payment,” and the above decision became final and conclusive around December 12, 2012.

B. The registration relationship and execution 1 of the auction procedure for each real estate listed in the separate sheet is as follows: each real estate listed in the separate sheet (hereinafter collectively referred to as “each real estate of this case”; real estate listed in the separate sheet 1 is “the instant land”; and real estate listed in the separate sheet 2 is “the instant building”.

On February 17, 1997, the registration of ownership transfer was made under B’s name on 1997, and on April 28, 1998, the debtor, Defendant, Daegu Bank Co., Ltd., Ltd., the maximum debt amount of KRW 130,00,000.