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(영문) 서울중앙지방법원 2018.03.23 2017나80044
양수금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B made a financial transaction as follows, and the Defendant jointly and severally guaranteed the financial transaction.

The principal and interest of obligations as of January 5, 2017 are as listed below:

(4) On July 13, 2005, July 13, 2005, 10,000,000,000,000,000 won and the total of the 1st credit cooperative loans, which are the joint and several sureties 10,00,000,000 won and the total of the 10,000,000 won and the 13,000,000,000 won and the 7,69,94,165,165, 165,523 14,835,517, Defendant CD 2,00,00,000,000 won for the loan of the general credit cooperative loans of the 1st credit cooperative of this case.

B. On October 13, 2006, Egriju Credit Union received a recommendation for performance from the former District Court of Korea on October 18, 2006 that "the defendant, a joint guarantor, and C, and D shall pay the amount of money calculated at the rate of 19% per annum from July 14, 2005 to the day of full payment," and the above decision was finalized on November 8, 2006, respectively.

C. On October 13, 2006, Egypt credit cooperatives filed a lawsuit against the main debtor B, the defendant, C, and D, a joint guarantor, for the payment of the loans of this case, under the Seoul District Court Decision 2006Gau478, J. 18, 2006, which decided on October 18, 2006 that "the defendant shall jointly and severally pay the amount of KRW 10,000,000 and the amount calculated at the rate of 19% per annum per annum from July 13, 2005 to the day of full payment." The above decision was finalized on November 16, 2006 for B, and on November 8, 2006 for the defendant, respectively.

On June 21, 2013, the Plaintiff acquired the instant loans Nos. 1 and 2, and on June 23, 2014, transferred the instant loans to the primary debtor B.

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