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(영문) 대구고등법원 2015.05.27 2014나21916
양수금
Text

1. The judgment of the first instance, including the claims extended and added in the trial, shall be modified as follows:

The defendant.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by the purport of Gap evidence 1 to 8 (including the numbers when they are not specially indicated; hereinafter the same shall apply) and the whole purport of pleadings, and contrary to Gap evidence 3 and 4, there is no counter-proof, contrary to this, there is no counter-proof.

Co-defendant A Co-defendant A (hereinafter referred to as "A") of the first instance trial on November 12, 2007 entered into a credit transaction agreement between the Daegu Bank (hereinafter referred to as "Tgu Bank") and ① loans of general foreign currency facilities, amount of loans to 87,000,000 UN (hereinafter referred to as "first loan"), loan transaction agreement between November 12, 2007 and November 12, 2008 during the loan period, ② general loan of facilities for loan, amount of loans to 480,000,000 won (hereinafter referred to as "second loan"), and the loan period from November 12, 2007 to November 12, 2015, and each of the above loans was received.

On the same day, the Defendant guaranteed the first and second loans obligations (hereinafter “instant guarantee”).

B. After that, on November 26, 2008, the Daegu Bank transferred all of the loan claims and the guarantee claims in this case to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation. On the same day, A and the Defendant notified the transfer of the above claim by content-certified mail.

C. Meanwhile, the amount not paid by the Defendants as of August 29, 2013 among the obligations under each of the above credit transaction agreements is as listed below.

The sum of the principal and interest accrued from the loan (as of August 29, 2013) is 187,00,000,000 UN 0 11,593,047N 11,593,047 UN 15% per annum 2480,000,315,643 won per annum 180,756,217 won per annum 331,071,860 won per annum.

2. Determination on the defense prior to the merits

A. The Defendant asserted that the parties concerned had been granted immunity on May 18, 201 by filing bankruptcy and application for immunity with the Daegu District Court, and the instant case.

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