Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The plaintiff's assertion
A. The Daisung Korea Credit Union loaned money to Defendant A, and Defendant B jointly and severally guaranteed the obligation to return the loan. The Liquidation Bank, a stock company that received the loan, filed a lawsuit against the Defendants by the Gwangju District Court 2004Kadan61919, and rendered a judgment on June 8, 2005 that “the Plaintiff shall pay to the Plaintiff 108,351,91 won and 83,649,912 won with 20% interest per annum from May 31, 2002 to the day of full payment, and the Defendant B shall jointly and severally pay to the Defendants 73,458,904 won among the above money and 50,000 won among them at the rate of 20% per annum from May 31, 2002 to the day of full payment”
B. The above claims were transferred to Solomon Mutual Savings Banks via the solomon Mutual Savings Banks, and the Plaintiff is the trustee in bankruptcy of Solomon Mutual Savings Banks.
C. The above amount of credit is the total of KRW 288,061,951 (the principal among them is KRW 83,649,912) as of May 14, 2015. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay of KRW 57,682,407, and the principal amount of KRW 16,80,000, among them.
2. Article 5-2 of the Trial of Small Claims Act provides that in a claim aimed at the payment of a certain amount of money, other substitutes, or securities, a creditor shall not divide the claim for the purpose of being subject to the Trial of Small Claims Act, and only part of the claim shall be dismissed by judgment.
As of May 14, 2015, the Plaintiff claimed the amount of money claimed as part of the claim while the acquisition amount as of May 14, 2015 is KRW 288,061,951 (the principal amount is KRW 83,649,912) (the principal amount is KRW 83,649,912). As such, the instant lawsuit is in violation of the provisions on the restriction of a part of the claim under the Trial of Small Claims Act, and the Plaintiff waivers the remainder of the claim and claims the amount of money