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(영문) 서울중앙지방법원 2016.04.27 2015가단5173632
양수금
Text

1. Defendant A paid to the Plaintiff KRW 195,741,239 and KRW 47,662,181 among them, from November 12, 2015 to the date of full payment.

Reasons

1. On August 19, 1998, Gyeongnam Bank Co., Ltd. loaned KRW 50 million to Defendant A, and set the rate of damages for delay at 24% per annum. Defendant B guaranteed this within the limit of KRW 65 million.

The above loan claims were transferred in succession to a limited liability company specializing in Korean financial system, promotional mutual savings bank, and the plaintiff at the Gyeongnam Bank, and each of them was notified.

The Promotion Mutual Savings Bank Co., Ltd. filed a lawsuit with the Seoul Central District Court 2005da149727 to claim the payment of the above loans against the Defendants and received judgment in full favor of the Defendants on October 25, 2005, which became final and conclusive on November 18, 2005.

The principal of the loan as of March 2, 2015 is KRW 47,662,181 as of March 2, 2015, interest is KRW 148,079,058, and its total is KRW 195,741,239.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Comprehensively taking account of the above facts of recognition, the Defendants are jointly and severally liable to pay the same amount as the disposition to the Plaintiff.

On the other hand, Defendant B's argument that the body in the loan contract is not one's own, but the argument in this case is not against the res judicata of the above final judgment.

3. All of the plaintiff's claims for conclusion are accepted.

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