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(영문) 서울중앙지방법원 2015.10.14 2015나14173
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. The Reorganization Bank filed a lawsuit against the Defendant and the Co-Defendant B, Nonparty C, D, and E in the first instance trial as the Netcheon Branch of the Gwangju District Court 2003 Ghana35091, and the main cause of the claim against the Defendant is as follows.

(1) On February 25, 1993, the Additional Credit Union lent 5 million won to the Defendant on February 25, 1993 at the due date on February 25, 1994; 12.5% per annum; and 19% per annum per annum of overdue interest rate; however, the Defendant is not able to repay 5 million won per loan principal and interest and delay damages until November 1, 2001, and 6,915,337 won per annum.

(2) On July 14, 1993, the Additional Credit Union (hereinafter “The Additional Credit Union”) lent 10 million won to the Defendant on April 14, 1994 at the due date for repayment, 12% per annum of interest rate, 18% per annum of overdue interest rate, but the Defendant did not repay interest and delay damages until November 1, 2001 and interest and delay damages until November 1, 2001.

(hereinafter referred to as “instant two loans”). (b)

On July 20, 2004, the above Gwangju District Court rendered a judgment that "the defendant and the non-party D shall jointly and severally pay 11,915,337 won and 5,00,000 won among them, at the rate of 20% per annum from November 2, 2001 to the date of full payment, and the defendant and non-party E shall jointly and severally pay 19,559,78 won and 7,792,151 won per annum from November 2, 2001 to the date of full payment."

C. The above judgment was deemed to have reached July 30, 2004 by service by public notice to the Defendant, and accordingly, the judgment was finalized on August 14, 2004 at the expiration of two weeks thereafter, and the Defendant was given a certified copy of the judgment on February 13, 2015, but did not file an appeal for subsequent completion separately.

On December 20, 2001, the Added Credit Union transferred the claim for the loans of this case 1 and 2 to the Liquidation Corporation, a stock company, and the Liquidation Corporation, a stock company, on April 30, 2007.

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