양수금
1. Of the judgment of the court of first instance, the defendant (appointed party) and the appointed party against whom the payment order is in excess of the following amount.
1. Facts of recognition;
A. On March 10, 2001, Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) granted a loan of KRW 5,00,000 at the interest rate of KRW 36% per annum, interest rate of KRW 5,000 per annum, interest rate of KRW 56.3% per annum, maturity of June 18, 2001, and interest rate per annum for 100 days from the due date of repayment until the due date of repayment.
(hereinafter “instant loan”). Meanwhile, Defendant, Co-Defendant C and D of the first instance trial jointly and severally guaranteed the Defendant’s debt of the instant loan to Korea Mutual Savings Bank in Handi, Inc.
(hereinafter referred to as “Defendant, etc.”). B when referring to Defendant B.
Afterwards B lost the benefit of time by delaying the repayment of the principal and interest of the loan obligation of this case. On April 23, 2001, the unpaid principal and interest amount were KRW 2,894,295.
C. On November 12, 2004, Korea Mutual Savings Bank was declared bankrupt by the Changwon District Court, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy on the same day.
On May 2, 2006, the Korea Deposit Insurance Corporation received an order to pay the instant loan from the Defendant, etc. and C and D to the Changwon District Court 2006Da2373, May 9, 2006, with the content that “The said court shall jointly and severally pay to the Defendant, etc., C, and D, the amount of KRW 2,894,295, and the amount of KRW 56.3% per annum from April 23, 2001 to the date of full payment,” and the said payment order was finally finalized on May 27, 2006.
On the other hand, the Korea Deposit Insurance Corporation spent 117,600 won of lawsuit costs in relation to the above payment order.
E. The Korea Deposit Insurance Corporation, based on the original of the above executory payment order, collected KRW 5,273,400 on June 28, 2011 upon receipt of the order of seizure and collection from the Changwon District Court through the Changwon District Court 201TT 2779, and collected KRW 5,273,400 on June 28, 201. The Korea Deposit Insurance Corporation, based on the original of the above executory payment order, received the order of seizure and collection against B by the Changwon District Court 201T 8507 on July 4, 2015.