beta
(영문) 서울중앙지방법원 2019.02.15 2018나44205

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. Facts of recognition;

A. C (a) on November 5, 2002, Co., Ltd. (hereinafter “Nonindicted Savings Bank, regardless of whether the trade name was changed to D, and hereinafter “Nonindicted Savings Bank”) loaned KRW 5,000,000 per annum to E on November 5, 2002, KRW 20% per annum, delay compensation rate, 24% per annum, and May 4, 2003 on the expiration date of the extension period (hereinafter “the instant loan”), and the Defendant jointly and severally guaranteed the instant loan obligations of E on the same day.

B. On February 23, 2007, the non-party savings bank filed a claim for the loan of this case against the defendant and E with the Gwangju District Court Decision 2007Gau9770, which stated that "the defendant shall jointly and severally pay 4,978,22 won to the non-party savings bank and its delay damages to the non-party savings bank" (hereinafter "prior decision on performance recommendation") was finalized.

C. On December 14, 2010, Nonparty Savings Bank transferred the instant loan claim to F Co., Ltd. and notified E of the fact of transferring the said loan claim. On April 10, 2014, the said company transferred the instant loan claim to the Plaintiff and notified E of the fact of transferring the said loan claim.

On the other hand, E filed a petition for bankruptcy with the Gwangju District Court 2013Hadan2421 and was declared bankrupt on January 21, 2014 by the said court. The Plaintiff reported the instant loan claim as bankruptcy claim under the bankruptcy procedure and received the distribution of KRW 4,078,316 on October 15, 2014.

E. As of February 23, 2018, the instant loan claims remain in KRW 12,235,448 in total, including the principal amount of KRW 4,978,222, overdue interest and delay damages, and KRW 7,257,226.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers), Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is a joint and several surety, barring any special circumstance, and the above KRW 12,235,448, which acquired the claim for the loan of this case to the plaintiff by order.