beta
Text
1. The judgment of the court of first instance is modified as follows.
The plaintiff succeeding intervenor's claims against the defendants are all satisfied.
Reasons
1. Basic facts
A. On March 28, 1995, Jeonbuk Bank Co., Ltd. lent 14,80,000 won to Defendant A as joint and several sureties at the rate of 13.5% per annum, 18.5% per annum, 18.5% per annum, and due date of payment on March 28, 1996. However, Defendant A did not pay only interest until March 30, 1996, and did not pay the interest and the loan principal thereafter.
B. The Jeonbuk Bank, Inc. filed a lawsuit against the Defendants for the above loan claim (the Jeonju District Court 96Ga7665), and the above court rendered a judgment on July 11, 1996 that "the defendants jointly and severally pay to the Plaintiff the amount calculated at the rate of 14,755,121 won and 18.5% per annum from March 31, 1996 to the date of full payment (hereinafter "the judgment of this case"), and the above judgment became final and conclusive on September 3, 1996.
C. As to the claim pursuant to the instant judgment, on March 28, 2003, the Jeonbuk Bank transferred the claim to the Plaintiff (ex officio), and notified Defendant A of the fact of transferring the claim on the same day. On November 1, 2010, the Plaintiff (ex officio) transferred the claim to the Plaintiff’s Intervenor and notified Defendant A of the fact of transferring the claim on November 9, 2010.
On January 16, 2008, the Plaintiff (Withdrawal) filed the instant lawsuit in order to extend the prescription period of a claim pursuant to the instant judgment.
E. With respect to the instant judgment claim on November 23, 2017, the Intervenor succeeding to the Plaintiff and the Defendant A paid KRW 7,646,950 to the Intervenor succeeding to the Plaintiff, and KRW 1,00,000 among them, paid KRW 1,646,950 as advance payment on November 23, 2017; and the remainder KRW 6,646,950 as of December 1, 2017 through November 1, 2022, paid KRW 14,521 in installments over 60 months (Provided, That the first installment payment is KRW 100,451), and the Plaintiff Intervenor concluded a debt repayment agreement with the effect that the remainder of the obligation of the Defendant A would be exempted (hereinafter “instant debt repayment agreement”).
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4 and Eul Nos. 2, 3, 3.