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(영문) 서울중앙지방법원 2019.05.10 2018가합543173
양수금
Text

1. Of the instant counterclaim by the Defendant (Counterclaim Plaintiff), the part of the claim for the confirmation of existence of the obligation and the existence of the claim is all satisfied.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 29, 2003, the Defendant entered into a credit transaction agreement with E (hereinafter “E”) with a credit limit of KRW 300 million, the expiration date of the credit, the interest rate of KRW 24% per annum, and the delay compensation rate of KRW 36% per annum (hereinafter “the credit transaction agreement of this case”), and accordingly, borrowed KRW 300 million from E on the same day.

The F, on the same day, has jointly and severally guaranteed the Defendant's loan obligations under the credit transaction agreement of this case and its incidental obligations.

B. At the time of the conclusion of the instant credit transaction agreement, the Defendant: (a) completed the registration of the establishment of a neighboring mortgage with respect to the amount of 390,000,000 won with respect to each maximum debt amount; and (b) the debtor and the mortgagee E with respect to the amount of 21 square meters with respect to the amount of 390,000 square meters with respect to

C. On July 22, 2005, the above loan claims and joint and several surety claims against the Defendant and F were transferred to the Plaintiff (the trade name at the time was “stock company G”) following a decision to transfer contracts by the Financial Supervisory Commission. The Plaintiff and E publicly announced the summary of the above decision and the transfer of contracts around that time.

The plaintiff filed a lawsuit against the defendant, F, and H for the payment of the above acquisition amount, the revocation of the fraudulent act, and the restoration to original state (Dasan District Court 2006Gahap19934). The above court rendered a judgment on April 2, 2008 that "the defendant and F shall jointly and severally pay to the plaintiff 469,740,716 won and 300,000,000 won which are calculated at the rate of 36% per annum from July 20, 2005 to the full payment, but the defendant F shall pay to the plaintiff within the limit of 390,000 won. The defendant F shall cancel the reservation for each purchase and sale made between the defendant and H with respect to each real estate owned by the defendant and H, and H shall have fulfilled the procedure for the registration of cancellation of each transfer of ownership as it became final and conclusive by failing to file an appeal."

(hereinafter “Prior Judgment”) No. e., the instant judgment.

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