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(영문) 서울중앙지방법원 2015.11.27 2015가합20136

양수금

Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 21% per annum from July 9, 2001 to the day of complete payment.

Reasons

1. Basic facts

A. On June 9, 200 under the joint and several sureties B’s joint and several sureties C (hereinafter “Defendant”) loaned KRW 3,000,000,000 to Co., Ltd. (hereinafter “Defendant”) on June 10, 200, and the interest rate and damages rate for delay shall be determined according to the provisions of the Non-Party Credit Depository.

(hereinafter “instant loan”). (b)

After the loan of this case, the non-party credit cooperative went bankrupt, and the bankruptcy trustee of the non-party credit cooperative (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against the defendant and B against the defendant for payment of KRW 100,000,000, which is part of the loans of this case.

(Seoul Central District Court 2004Gahap56573). On April 28, 2005, the above court rendered a ruling that "the defendant and B jointly paid to the Korea Deposit Insurance Corporation KRW 100,000,000 and the amount calculated by the rate of 20% per annum from November 5, 2004 to the date of full payment," and the above ruling became final and conclusive on June 17, 2005.

C. The Korea Deposit Insurance Corporation applied for a payment order against the Defendant and B to pay the remainder of KRW 2,900,000 among the instant loans (Seoul Central District Court 2005j52213). On October 28, 2005, the said court ordered the payment order to the Korea Deposit Insurance Corporation jointly and severally with the Defendant and B to pay the amount of KRW 2,90,000,000 and the amount of KRW 21% per annum from July 9, 2001 to the date of full payment. The said order was finalized on December 28, 2005.

(hereinafter “instant payment order”). D.

On the other hand, on June 13, 2011, the Korea Deposit Insurance Corporation transferred the instant loan claims and the instant payment order bonds to the Plaintiff, and notified the Defendant of the transfer on August 24, 201.

【Ground for recognition” without any dispute, Gap evidence 1, Gap evidence 2-1, 2-2, and Gap evidence 3-1 and 2-2, and the purport of the whole pleadings.