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(영문) 서울중앙지방법원 2019.10.23 2019나8169

양수금

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. A. Around July 2005, the Plaintiff received loans from R Co., Ltd. from the obligor C, the collateral guarantor, D Co., Ltd., E, E, F, G, and H.

B. The plaintiff filed a lawsuit against the debtor C, D, E, F, G, H, etc. with Busan District Court 2006 Gohap19316, Jun. 12, 2008, the above court "the defendant shall pay to the plaintiff 1,031,449,639 won among them and 1,031,449,639 won among them and 831,449,639 won among them and 36% per annum from August 23, 2004 to the day of full payment, 200,00,000,00 won per annum from June 24, 2004 to July 30, 2004; 36% per annum from the day of full payment; 30% per annum from the day of full payment to 309,000 won per annum; 30% per annum; 360% per annum from the day of full payment; 30% per annum from day after the day of full payment.

(hereinafter referred to as “the final and conclusive judgment prior to the instant case,” and the credit finalized as such is referred to as “the instant loan credit”). C.

On the other hand, the Plaintiff received dividends of KRW 10,540,069 from the Gwangju District Court Q real estate auction procedure around March 2009 with respect to part of the shares of the P land owned by the Defendant, and received KRW 447,177,309 from the Busan District Court on the land owned by the Defendant, Busan District Court for the auction procedure for the Busan District Court's Busan District Court's Maritime Transportation Daegu S, etc. on September 2009.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 3, the purport of the whole pleadings

2. Determination as to the cause of claim and the Defendant’s assertion

A. According to the above facts of determination as to the cause of the claim, the defendant shall seek from the plaintiff within the limit of KRW 390,000 jointly and severally with C, D, E, F, G, and H.