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(영문) 광주지방법원해남지원 2019.02.19 2018가단1343
면책확인
Text

1. The Plaintiff’s principal and interest obligation of KRW 1,800,000 on November 24, 2001 against Defendant B Cooperatives was exempted.

Reasons

1. Determination on the claim against Defendant B Cooperatives

(a) Ground for the attachment of the claim to indicate the claim;

(limited to the part concerning the above defendant). (b)

Article 208(3)2 of the Civil Procedure Act (No. 208(3) of the applicable provisions

2. Determination as to the claim against Defendant CF (hereinafter “Defendant CF”)

A. Basic facts 1) On May 29, 2001, the Plaintiff was granted a loan of KRW 29.4 million from the D Cooperatives (hereinafter “D Cooperatives”) under the credit guarantee of the Defendant CF, but did not pay the loan.

Accordingly, on April 12, 2007, the Defendant CF subrogated 31,625,340 won to the D Association and acquired the claim for reimbursement (hereinafter “the claim for reimbursement of the instant case”).

B) On January 28, 2002, the Plaintiff is the E Cooperatives (hereinafter “E Cooperatives”) under the credit guarantee granted by Defendant CF.

2) Upon receiving a loan of KRW 20,000,000 from the Plaintiff, the Defendant CF made a payment to the EF on April 30, 2010, by subrogation of KRW 23,320,463 and by subrogation of the Plaintiff (hereinafter “the Second Claim”).

(C) On January 28, 2002, the Plaintiff obtained a loan of KRW 51 million from the E Union under the credit guarantee of the Defendant CF, but did not repay it.

Accordingly, on April 30, 2010, Defendant CF subrogated 58,518,329 won to E Union and acquired the claim for reimbursement (hereinafter “claim for Third Claim”).

2) On April 22, 2010, Defendant CF applied for a payment order against the Plaintiff for the instant claim for reimbursement of the first claim for reimbursement against the Gwangju District Court 2010 tea595 (hereinafter “instant payment order”). The instant payment order was issued on April 28, 2010. The instant payment order was served on the Plaintiff on May 7, 2010, and became final and conclusive on May 25, 2010.

B. On August 24, 2010, Defendant CF rendered the instant case against the Plaintiff at the Gwangju District Court 2010 tea1586.

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