Text
1. The defendant's KRW 262,50,000 for the plaintiff and 14% per annum from September 1, 2004 to October 31, 2004.
Reasons
1. Determination on the cause of the claim
(a) The following facts are acknowledged either by the parties to a dispute or by the purport of Gap evidence of Nos. 1 to 7 (including branch numbers), and by the purport of the whole pleadings.
1) The defendant shall make the Korea-China Mutual Savings Bank (hereinafter referred to as the "Korea-China Mutual Savings Bank") around January 2004.
B) In order for the purchaser of the instant product to pay the purchase price of the said product, the Korea-China Mutual Savings Bank entered into a collective guarantee agreement with the purport of jointly and severally guaranteeing the obligation for loans arising from the receipt of the loan from the Korea-China Mutual Savings Bank. 2) After the latter, the Korea-China Mutual Savings Bank lost its interest under a loan agreement with the purchaser of the said apartment product and the purchaser of the said product from January 8, 2004 to March 26, 2004 at an annual interest rate of 14%, the overdue interest rate of KRW 5 million per annum (applicable from two months after the date of the final payment of interest) and the overdue interest rate of KRW 25 million per annum and KRW 5 million per annum. Since each of the above loans was in arrears twice or more months, each of the above loans lost its interest pursuant to the agreement to lose its interest under the above case.
3) The Seoul Southern District Court filed a lawsuit against the defendant and D, a joint surety for each of the above loans, with the Seoul Southern District Court (2005dan29911), and the above court affirmed the judgment that "the defendant, jointly with D, shall pay the amount of KRW 95,91,672 per annum to Korea Medium Mutual Savings Bank and the amount of money calculated at the rate of 14% per annum from September 1, 2004 to October 31, 2004, and 20% per annum from the following day to the date of full payment." The above judgment was delivered to the defendant on January 3, 2006 and became final and conclusive on December 17, 2006 by serving it on the defendant (the defendant was dismissed as to the above judgment on December 20, 200, but it was dismissed."
The above judgment below is referred to as "the judgment in a prior suit."
(iv) thereafter.