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(영문) 서울중앙지방법원 2018.01.26 2017나53653
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. On March 13, 1996, the Industrial Bank of Korea loaned KRW 300,000,000 to the Codefendant B Codefendant B Co., Ltd. (former trade name: C Co., Ltd.; hereinafter “C”), and at the time, the Defendant jointly and severally guaranteed the above loans by C.

Afterwards, part of the above loans were repaid, and on December 16, 2002, the outstanding principal amount was KRW 160,719,175.

The above loans were transferred on December 16, 2002 from the Industrial Bank of Korea to E non-partnerships Co., Ltd., and again, on February 27, 2004, to Busan Mutual Savings Bank (hereinafter “BB Savings Bank”) in sequence.

The Busan Savings Bank filed a lawsuit against C and the defendant on September 2004 against the Busan District Court 2004Kahap16177 on the claim for the above loan (hereinafter "previous lawsuit").

On December 21, 2005, the above court rendered a ruling that "the defendants jointly and severally pay to the Busan Savings Bank 160,719,175 won and interest thereon at the rate of 20% per annum from November 27, 2005 to the date of full payment" (hereinafter "previous ruling"), and the previous ruling became final and conclusive on January 18, 2006.

On November 23, 2011, Busan Savings Bank, which was under business management, transferred assets and debts, including the above claims, to the Plaintiff according to a decision to transfer contracts by the Financial Services Commission, and announced the transfer of claims on November 24, 201.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts of finding the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the assignee of the claim, 20 million won, which is part of the principal, and 20% per annum from November 27, 2005 to September 30, 2015, and damages for delay calculated at the rate of 15% per annum from the next day to the day of full payment, as the Plaintiff seeks, from among the amount of the claim established by the previous judgment, barring any special circumstances.

3. The defendant's defense

A. The defendant's defense of extinction of prescription.

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