(영문) 서울중앙지방법원 2015.10.27 2015나23948

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(영문) 서울중앙지방법원 2015.10.27 2015나23948

양수금

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1. The part against the defendant in the judgment of the first instance shall be modified as follows:

The defendant is co-defendant B of the first instance trial.

Reasons

1. Facts of recognition;

A. A. On April 9, 1997, Choung-Hy Bank Co., Ltd. (hereinafter “ Choung-Hy Bank”) extended a loan of KRW 30,000,000 (hereinafter “instant loan”) to the co-defendant B (former name C) of the first instance trial on April 9, 1997 by setting the due date as April 9, 1998.

On the same day, the Defendant provided a collateral guarantee (hereinafter “instant collateral guarantee”) within the limit of KRW 39,00,000, including all of the interest, delay damages, and other subordinate debts to the Cho Ho Bank.

B. On June 30, 2001, the Choung Bank transferred the principal and interest of the instant loan to a limited-liability company specializing in the C&D (hereinafter referred to as “C&D”) on the date on which the C&D claim was transferred to C&D.

C. C. C&C filed a lawsuit against the Defendant and B seeking payment of the principal and interest of the instant loan.

(Seoul District Court 2003Gaso2173344). "The defendant and B jointly pay 9,470,800 won and 19% interest per annum on September 28, 1998 to the Crobdones, jointly and severally, from September 28, 1998 to the day of full payment." was sentenced on October 7, 2003.

This judgment became final and conclusive around that time.

C. On October 6, 2009, C&C transferred the principal and interest of the instant loan to the Plaintiff, and notified the transfer of the claim to B on January 2, 2014.

E. On February 17, 2015, the Plaintiff transferred to the Intervenor succeeding to the principal and interest of the instant loan, and the same year.

4. 17. B notified the assignment of claims.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 3, 4, 6, 7, 9 through 11, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the facts of the lower judgment as to the succeeding intervenor’s claim, the Defendant and the succeeding intervenor jointly and severally with the primary debtor B within the limit of KRW 39,00,00,000, and the interest calculated at the rate of 19% per annum from September 28, 1998 to August 8, 2013 on the remaining principal amount of the loan of KRW 36,216,079.

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