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(영문) 대구지방법원 서부지원 2018.06.21 2017가합51017

청구이의

Text

1. The Defendant’s decision on the claim for loans against the Plaintiff was based on the Daegu District Court Decision 2015Gahap848.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) newly built a multi-household house with a total of eight households (hereinafter “instant building”) on the land owned by the Defendant (413 square meters prior to Jinjin-si) and E school sites (34 square meters, F forest and fields, 123 square meters, and G large 32 square meters.

On January 27, 2014, the Defendant interest rate of KRW 350 million as the construction cost of the building of this case to the Plaintiff and H on January 27, 2014.

7. 2% of interest rate per annum and 25% of interest rate per annum were set and lent (hereinafter “instant loan claim”) and C and I jointly and severally guaranteed this.

B. The Defendant filed a lawsuit against the Plaintiff, H and I with this Court No. 2015Gahap848. On January 15, 2016, the said court rendered a judgment that, jointly and severally, the Plaintiff, H and I paid to the Defendant the amount of KRW 350 million and the amount of money calculated at the rate of 7.2% per annum from April 29, 2014 to November 2, 2015, and the amount of money calculated at the rate of 24% per annum from the next day to November 2, 2015 (hereinafter “instant judgment”).

C. On December 21, 2016, when Defendant and I filed an appeal with the Daegu High Court 2016Na463, the said appellate court (hereinafter “the appellate court of this case”) dismissed the Defendant’s claim to the effect that “the Defendant was unable to receive the instant loan from the Plaintiff, etc., and that the Defendant’s claim for the principal and interest of the instant loan was extinguished among the instant building on February 29, 2016, following the judgment of the first instance court, seven households (No. 101, 102, 201, 202, 201, 301, 302, 302, 401), and KRW 630 million in total,00,000,000,000 and sold the instant loan to J, etc. on the grounds that the Defendant’s claim for reimbursement of the principal and interest of the instant loan claim was extinguished, and that the Defendant’s claim for reimbursement of the principal and interest of the Defendant’s joint surety is also extinguished.”

The judgment of the first instance court of this case between the defendant and the plaintiff as the defendant did not appeal against this. The judgment of the first instance of this case is as of January 7, 2017.