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(영문) 서울중앙지방법원 2018.11.21 2018나33465

양수금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On April 18, 1989, Co., Ltd. (hereinafter referred to as “B”) borrowed 5 million won to Co-Defendant B (hereinafter referred to as “B”) of the first instance court on April 18, 1989.

The non-performing mutual savings and finance company, claiming that the defendant jointly and severally guaranteed the loan debt of B, filed a lawsuit against B and the defendant seeking the payment of the loan (Seoul District Court 96Da397023), and on January 9, 1997, "B and the defendant jointly and severally paid the amount calculated by the ratio of 4,98,095 won to the non-performing mutual savings and finance company and 20% per annum from September 18, 1990 to the full payment date", and the judgment was finalized on March 4, 1997.

On the other hand, on December 18, 1996, the Mutual Savings and Finance Company Co., Ltd. issued a provisional attachment order for the real estate owned by the defendant with the guarantee debt and the claim amount of five million won on the other hand, and thereafter submitted the statement of claim (5 million won) at the auction procedure commenced with respect to the above real estate. The above real estate was sold on February 199.

The payment order against the defendant was issued on November 1, 2007, with the content that "the defendant shall pay the amount of 24,546,653 won and 4,984,605 won which are calculated at the rate of 23% per annum from October 12, 2007 to the date of full payment," and the payment order against the defendant was finalized on December 14, 2007, with the content that "the defendant shall pay the amount of 23% per annum from October 12, 2007 to the date of full payment."

On November 5, 2008, “B shall pay 24,546,653 Won and 4,984,605 won to the Mutual Savings and Finance Company, whichever is impossible to serve, and the judgment became final and conclusive on November 5, 2008, at the rate of 23% per annum from October 11, 2007 to the date of full payment.”

(Seoul Central District Court 2008Gada108363). The Korea Mutual-Aid and Finance Company shall make a decision on November 25, 2016.