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(영문) 부산지방법원동부지원 2019.04.18 2018가단219521
양수금
Text

1. The defendant shall be jointly and severally and severally with B to the day of complete payment with regard to KRW 271,315,613 and KRW 62,874,00 among them.

Reasons

1. According to the purport of Gap evidence Nos. 1 through 5 and all pleadings, Eul obtained a loan from the cooperative Eul (hereinafter "non-party union"), and the defendant jointly guaranteed the debt of the above Eul. Accordingly, the non-party union filed a lawsuit for the loan claim No. 2006Da5341 against Changwon District Court, which decided that "non-party B shall pay the debt amount of KRW 135,442,319 and delay damages to the non-party union". The above judgment becomes final and conclusive around that time, the non-party union filed a lawsuit against the defendant for the payment order of loans No. 2005Da1547 and the non-party union received an order for payment of debt amount of KRW 135,442,319 and the non-party union's order for payment of debt amount of KRW 62,874,70 and the non-party union's order for payment of debt amount of KRW 270 decided December 26, 2005.

2. If so, the Defendant is obligated to pay to the Plaintiff, the transferee of the claim based on the above payment order (i.e., the balance of the loan principal of KRW 62,874,441,613; overdue interest of KRW 208,441,613; and the balance of the loan principal of KRW 62,874,00 as of September 5, 2018), which is within the scope of the interest rate for delay under the above payment order from September 6, 2018 to the day of full payment, calculated at the rate of KRW 15% per annum, which is the day following the above payment order.

As to this, the defendant's above claim.

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