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Reasons
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(영문) 대구지방법원 2014.12.17 2014나302698
양수금
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1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 72,755,111 among the Plaintiff and KRW 15,539,904 among the Plaintiff.

Reasons

1. The following facts of recognition may be recognized by adding together the respective entries in Gap evidence 1 to 5 and the purport of the whole pleadings:

On October 30, 1997, the Defendant borrowed KRW 10,000,000 from the East Bank Co., Ltd., Ltd., and used the credit card (hereinafter “instant Claim 1”), and on March 30, 1998, borrowed KRW 10,000,000 from the Seoul Bank (Seoul Bank).

(hereinafter “instant Claim 2”). (b)

When the Defendant did not repay the principal and interest of the claim against the Dongan Bank, the Dongan Bank transferred the above claim to the Plaintiff and notified the Defendant thereof.

The plaintiff filed a lawsuit against the defendant as Seoul District Court 2002Gapo2149375, and the above court decided on December 26, 2002 that "the defendant shall pay to the plaintiff 16,203,650 won and 15,539,904 won among them, 30% per annum from June 29, 1998 to December 19, 198, and 25% per annum from the next day to the date of full payment." The above decision on performance recommendation became final and conclusive on January 17, 2003.

In addition, the Seoul Bank filed a loan claim claim against the defendant and the non-party B with the Seoul District Court 199 Ghana401718, the above court rendered a judgment on July 15, 1999 that "the defendant and the non-party B jointly and severally paid to the plaintiff 10 million won and the interest rate of 25% per annum from March 30, 1998 to the day of full payment" and the above judgment is the same year.

8. 20. A final and conclusive date.

The Seoul Bank transferred the above judgment claim to the Plaintiff and notified the Defendant thereof.

E. As of December 1, 2013, the principal and interest of the instant Claim 1 is KRW 15,539,904, interest 44,960,366, and the principal and interest of the instant Claim 2 is KRW 2,265,029, interest 10,589,812, and the sum of KRW 72,75,111.

2. Determination.

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