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1. The defendant's decision to recommend the settlement of this case against the plaintiff in Daegu District Court 2009Kadan4298 was based on the decision to recommend the settlement of this case.
Reasons
1. The basic facts
1) The bankrupt C Co., Ltd. (formerly, Company D, hereinafter referred to as “Nonindicted Company”)
(2) On September 8, 1998, the bankruptcy trustee of the Korea Deposit Insurance Corporation claimed that "the non-party company extended a loan (hereinafter "the loan of this case") to the Plaintiff with a limit of KRW 500 million, the Plaintiff paid only KRW 498 million, and the interest amount of KRW 227,165,960 [ = 227,169,863 + 498,000 + 55 days (from October 14, 1998 to April 20, 190) 】 30% per annum 365 days] - The court of this case asserted that "the non-party company did not pay the Plaintiff interest of KRW 390,03 paid to the Plaintiff, with interest rate of KRW 227,165,960, and the court of this case sought a settlement recommendation of KRW 209,4298,296,297,209.79,209."
B. The Bankruptcy Trustee Co., Ltd. of the bankrupt C transferred 185,088,370 won to the Defendant based on the decision of recommending the settlement of this case, and notified the Plaintiff of the transfer of the above claim.
[Ground of recognition] Facts without dispute, Gap evidence 20, 21, Eul evidence 2-1 and 2-2, the purport of the whole pleadings
2. The assertion and judgment
A. On October 10, 1998, the Plaintiff paid 200 million won out of the principal of the instant loan amounting to KRW 498 billion to Nonparty Company E (hereinafter “instant repayment”).
Therefore, the remaining balance of the loan principal as of October 1998 was KRW 298 million, and as of April 20, 200, the interest rate of the loan of this case was KRW 135,936,986 (=298 million x 55 days x 30% per annum ± 365 days).
Since the Plaintiff repaid the principal and interest of this case to Nonparty Company KRW 498 million on April 20, 2000, the Plaintiff fully repaid the principal and interest of this case. Therefore, compulsory execution based on the decision of recommending reconciliation of this case is not allowed.