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(영문) 대구지방법원 2017.04.13 2016나8945
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On August 3, 2005, the Korea Deposit Insurance Corporation in bankruptcy filed a loan claim lawsuit with the Daegu District Court (2005No2380), and on August 3, 2005, the court below sentenced the Defendant to the judgment that "the Defendant jointly and severally with the Plaintiff 13,031,272 won and the amount equivalent to 12.9% per annum from December 30, 2000 to December 28, 2001, and 20% per annum from the next day to the day of full payment (hereinafter "the first judgment"). The court below decided that "the Defendant shall pay the Plaintiff 1 money at the rate of 20.9% per annum from the next day to the day of full payment, 205No22430, 208, 2000 and 30.25% per annum from the above court to the day of full payment."

B. After that, on September 27, 2006, the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Cooperatives (hereinafter “the transfer claim of this case”) transferred to the Plaintiff the claim (hereinafter “the transfer claim of this case”) against the remainder (the balance of the claim of the first instance judgment: KRW 13,031,272, the principal of the loan, KRW 12,573,571, the balance of the claim of the second judgment: KRW 5,00,000, the principal of the loan, and KRW 5,608,573) and notified the Defendant of the above transfer on November 10, 206.

C. The Defendant subsequently repaid KRW 15,056,463 to the Plaintiff. KRW 13,031,272 out of the total amount of the loan principal out of the balance of the claim in the first instance judgment, and KRW 2,025,191 was partly appropriated for the loan principal out of the balance of the claim in the second instance judgment.

As of September 1, 2016, the instant transfer claim is an attempted interest of KRW 19,752,563 as the balance of the claim in the first judgment amount, and KRW 2,974,809 as the balance of the claim in the second judgment amount, and interest to KRW 12,62.

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