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1. The Defendant’s annual period from March 30, 2012 to September 20, 2015, as to KRW 142,569,147 and KRW 34,000 among the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. (1) The Industrial Bank of Korea loaned 910 million won to C (hereinafter “Nonindicted Company”) under the Defendant’s joint and several sureties, and filed a lawsuit against the Nonparty Company and the Defendant seeking refund of the principal and interest of loan.
On October 28, 1999, the Seoul District Court rendered a judgment that "the company and the defendant jointly and severally pay 428,542,661 won and delay damages therefor," and the above judgment became final and conclusive on November 17, 1999.
(2) The credit (excluding the final and conclusive damages for delay) finalized by the above judgment was transferred in sequence to D Co., Ltd. on December 16, 2002, to E Co., Ltd. on February 27, 2004, and was notified of the transfer.
(3) The Nonparty bank filed a lawsuit claiming the above amount of money against the Nonparty Company and the Defendant.
Accordingly, on July 23, 2009, the Busan District Court sentenced the plaintiff jointly and severally for KRW 338,319,009 and for KRW 106,419,009 among them, 20% per annum from March 26, 1993 to March 30, 1993, and for KRW 40,000,00 from the following day to June 28, 1993, and for KRW 60,000,00, the amount was 31,90,000 from July 14, 1993 to 31,90,00,00, the amount was 10,000 per annum from the following day to April 15, 1993 to 10,000, and 198% per annum from the following day to April 19, 195 to 198.
(4) The contractual status of a non-party bank related to a claim based on the aforementioned judgment in a prior suit is determined and publicly announced by the Financial Services Commission pursuant to Article 14 of the Act on the Structural Improvement of the Financial Industry and Article 24 of the Mutual Savings Banks Act.