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(영문) 대법원 2017.05.11 2017다201255
청구이의
Text

The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Review of the records, including the duly admitted evidence, reveals the following facts. A.

The defendant filed a lawsuit against the plaintiffs and D on April 20, 201 against the defendant for the loans of 201Ga 11678. On April 20, 2012, the above court rendered a ruling that "the defendant shall jointly and severally pay 20 million won, the plaintiff and D shall jointly and severally pay 10 million won, D shall pay 20 million won, and D shall pay 36% per annum from August 31, 2006 to June 29, 2007, and 30% per annum from the next day to June 29, 2007, respectively."

(hereinafter “instant executive titles”). B.

On May 18, 2012, the Defendant, D, and E, the Defendant’s creditors, agreed on the obligation under the title of this case as KRW 50 million, and as a result, D shall pay KRW 50 million out of the Defendant’s obligation under the title of this case to E, and for this purpose, the Defendant shall transfer to E the Defendant’s obligation of KRW 50 million against D in lieu of the Defendant’s repayment of the obligation to E, and accordingly, D shall accept it, and accordingly, confirm that there is no obligation between the Defendant and D.

(hereinafter “instant agreement”) C.

D In accordance with the instant agreement, during twelve times between May 18, 2012 and May 2, 2013, 2013, paid 50,550,000 won to E.

(2) In light of the evidence duly admitted and the record, the lower court’s reasoning and records, on June 25, 2012, the effect of the exemption of obligation under the instant agreement between the Defendant and D does not extend to the Plaintiffs on the grounds stated in its reasoning.

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