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(영문) 대구지방법원 2015.07.09 2014가합205434
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 460,445,233 won and the remainder thereof:

(a) 130,000,000 won from September 16, 1998

Reasons

1. Indication of claim;

A. The Daegu Bank Co., Ltd. engaged in the following loan transactions with Defendant A.

① On August 6, 1987, 7% per annum, 18% per annum, 19% per annum, and 30 July 30, 2005, Defendant B provided a comprehensive collateral guarantee of KRW 169 million per annum.

② On March 197, 1997, 3.5% of interest per annum and 3.5% of the due date on March 19, 1998, Defendant B provided a comprehensive collateral guarantee of KRW 390 million of the guarantee limit.

③ On November 29, 1997, the interest rate of KRW 14.5% per annum, delay damages, 18.5% per annum, and due date on November 29, 1998, the Defendant B made a comprehensive guarantee of the guarantee limit of KRW 37.5 million.

B. On September 29, 1998, the Plaintiff acquired each of the claims against the Defendants of Daegu Bank, Daegu Bank, and notified the Defendants of the assignment of claims on November 16, 1998.

C. The Plaintiff filed a lawsuit against the Defendants against the Daegu District Court 2004Kadan18900, which sought the payment of the above amount, and the said court rendered a favorable judgment against the Plaintiff on October 14, 2004, and the said judgment became final and conclusive around that time.

The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of the foregoing judgment claim.

E. Therefore, the Defendants are obligated to pay the Plaintiff the same money as the written order.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act)

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