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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B received a loan by entering into a respective loan transaction agreement as shown in the separate sheet between Gyeongnam Bank, Inc. and Gyeongnam Bank.
The plaintiff and C jointly and severally guaranteed some of the principal and interest obligations of the above B.
B. On August 18, 2015, the Korea Asset Management Corporation, which received the above loan claims from the Gyeongnam Bank, filed a lawsuit claiming the acquisition of the loan claims against the Plaintiff, B, and C (C Changwon District Court 2004Gahap5488), and was sentenced on August 18, 2015, and the said judgment became final and conclusive as of September 16, 2005.
1. Korea Asset Management Corporation:
A. As to Defendant B’s KRW 749,540,592 and KRW 454,349,083 among them, 19% per annum from October 1, 1999 to the date of full payment, 193,787,809 won per annum from February 6, 2001 to the date of full payment, 19% per annum, 11,060,972 won per annum from October 1, 1999 to the date of full payment;
C. Defendant A is jointly and severally with Defendant B within the scope of KRW 360,000,000.
interest of KRW 85,914,00 and KRW 85,800,000 among the money stated in the subsection shall be 19% per annum from October 1, 1999 to the date of full payment;
D. Defendant A is jointly and severally with Defendant B within the scope of KRW 260,000,000.
interest rate of 19% per annum for KRW 246,535,904 and for KRW 193,787,809 from February 6, 2001 to the date of full payment;
E. Defendant C is jointly and severally with Defendant B within the scope of KRW 130,000,000.
Of the money stated in this subsection, 68,319,416 won and 68,283,871 won with 19% interest per annum from October 1, 1999 to the day of full payment.
C. As above, the Korea Asset Management Corporation transferred the claim against the Plaintiff, which became final and conclusive by judgment, to the Defendant on September 18, 2012.
On June 4, 2015, prior to the filing of the instant lawsuit, the Defendant filed an application with the Plaintiff, etc. for a payment order seeking the payment of the instant claim, etc., and continued with the Plaintiff’s objection.