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(영문) 서울중앙지방법원 2016.03.08 2015가단5314365
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 33,313,217, and KRW 20,000,000 among them, from June 23, 2001.

Reasons

1. Facts of recognition;

A. The bankruptcy trustee of the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation in the Daegu District Court was the Korea Deposit Insurance Corporation under Daegu District Court 2003da1861, and the Defendants jointly and severally requested the Korea Deposit Insurance Corporation to provide a loan to be “the Defendants shall pay the principal debtor or the principal and interest of the loan borrowed by the Defendants as joint and several sureties,” and the court of the first instance rendered a favorable judgment against the Korea Deposit Insurance Corporation on June 9, 2004. The Defendants appealed with the Daegu High Court 2004Na5236. The above court of first instance dismissed the Defendants’ appeal against the Defendants on August 19, 205, and partially accepted the Defendants’ appeal against the said Korea Deposit Insurance Corporation on August 19, 205, and jointly and severally ordered the Defendants to pay the said KRW 249,752,534 and KRW 149,942,07 from June 23, 2001 to the date of full payment.”

B. On August 5, 2011, the Plaintiff is against the Korea Deposit Insurance Corporation.

A claim based on the final and conclusive judgment has been transferred, and around that time, the notice of transfer has been completed to the Defendants.

[Ground for Recognition: Facts without dispute, entries in Gap 1 and 2, and the purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition, the defendants are jointly and severally liable to pay 3,313,217 won and 20,000,000 won among the judgment amount based on the above judgment, with 21% interest per annum from June 23, 2001 to the date of full payment.

B. The Defendants asserted to the effect that the claims based on the above final judgment were extinguished due to repayment, etc. However, the Defendants’ assertion to the effect that the claims based on the above final judgment were extinguished due to payment, etc., but since July 8, 2005, the date of fact-finding hearing

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