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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.06.10 2015나54683
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. On July 5, 1999, the Maritime Credit Depository Co., Ltd. (hereinafter “Maritime Credit Depository”) set forth and lent KRW 1,380,000,000 to C on July 5, 2001, interest rate of KRW 17% per annum, and delayed compensation rate of KRW 25% per annum. Co-Defendant B and Co-Defendant B of the first instance trial jointly and severally guaranteed the above obligation.

(hereinafter “instant loan claim”). (b)

On August 27, 2001, the Maritime Credit Depository was declared bankrupt by the Seoul District Court, and the Korea Deposit Insurance Corporation appointed as the trustee in bankruptcy was sentenced to the judgment of the Seoul District Court that "C and the co-defendant B pay 1,203,641,616 won and 420,683,256 won, calculated at the rate of 25% per annum, from September 5, 199 to the date of full payment, to the date of full payment of the loan claim of this case against the principal debtor C and the defendant and the co-defendant B."

The above judgment was finalized on November 23, 2004.

C. The Korea Deposit Insurance Corporation in bankruptcy of the Maritime Credit Union is against the Plaintiff.

On July 31, 2007, the claims entered in the claim were transferred and notified C of the assignment of claims.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is jointly and severally liable with Co-Defendant B of the first instance trial to pay the Plaintiff KRW 67,00,000,000, which the Plaintiff seeks out of the remaining claims, and the damages for delay calculated at the rate of 20% per annum from June 10, 2015 to the day of full payment, which is the day following the last service day of the original copy of the instant payment order.

B. On the Defendant’s assertion, 1, the Defendant asserted that all obligations of the instant loan were extinguished due to repayment, etc., and according to each of the evidence Nos. 2 and 3, the Defendant’s assertion as to the Defendant’s assertion, the Korea Deposit Insurance Corporation in the Korea Deposit Insurance Corporation on December 18, 2002.

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