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(영문) 광주지방법원 2016.06.29 2015가단514815

양수금

Text

1. The plaintiff's action against the defendant A and C shall be dismissed.

2. Defendant B, D, and E are jointly and severally with Defendant A and C, and 87,542.

Reasons

1. Determination as to claims against Defendant A and C

A. Under the joint and several guarantee of Defendant B, C, D, and E, the Mining Credit Union filed a lawsuit against the Defendants for a loan claim of KRW 30,000,000 on November 20, 201 against Defendant A, and the interest thereon and damages for delay. (2) On December 4, 2003, the Mining Credit Union was finally decided by the above court on December 4, 2003 that “The Defendants jointly and severally agreed with the Plaintiff to pay KRW 30,000,000 to the Plaintiff with KRW 13.5% per annum from November 1, 2002 to November 30, 202, and 200% per annum from the following day to the date of full payment (hereinafter “instant previous lawsuit”). < Amended by Act No. 6513, Nov. 30, 2003; Act No. 6665, Nov. 30, 2003>

(3) The instant claim was transferred in sequence to the Plaintiff on March 27, 2009, Hano Asset Securitization Co., Ltd., Ltd., May 8, 2009, cSSS-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S.

5) On July 19, 2012, the Plaintiff, based on the title of execution, received a seizure and collection order against the debtor C and C as the Republic of Korea by the Gwangju District Court 2012TTTT 11458, with the title of execution of the judgment in the instant previous suit as the title. The above seizure and collection order was served on the garnishee and the defendant C at that time. [Grounds for Recognition] There is no dispute, and each of the entries in the evidence Nos. 1 through 5 (if there is a provisional number, all the numbers are included).