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(영문) 울산지방법원 2014.11.28 2014가단14237
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Ulsan Credit Union loaned 5,00,000 won interest rate of 13.5% per annum (22.5% per annum) to B who is a member of the union on August 26, 1995, and on August 26, 1997. The Plaintiff guaranteed B’s obligations for loans to the Ulsan Credit Union.

B. Since April 17, 1997, B delayed the payment of principal and interest of loans to Ulsan Credit Union, and the Ulsan Credit Union filed a lawsuit against B as the Ulsan District Court 98Da122354 against B seeking the payment of remaining loans of KRW 4,160,000 and damages for delay thereof, and was sentenced to a favorable judgment on February 9, 199, and the above judgment became final and conclusive at that time.

C. The Ulsan Credit Union was declared bankrupt on May 14, 2003 by the Ulsan District Court 2003Hau12, and the Korea Deposit Insurance Corporation was declared bankrupt. The above Korea Deposit Insurance Corporation filed a lawsuit claiming the payment of damages for delay at the rate of 22.5% per annum from April 18, 1997 to the date of full payment with the above court 2004Gau167846, Dec. 16, 2004.

On December 22, 2004, the above court rendered a decision on performance recommendation as stated in the above Korea Deposit Insurance Corporation’s purport of claims (hereinafter “instant performance recommendation decision”) and served the Plaintiff with the original copy of the instant performance recommendation decision. After the original copy reached the Plaintiff on December 29, 2004, the pertinent performance recommendation decision became final and conclusive on January 13, 2005 due to the Plaintiff’s no objection.

On December 28, 2007, the above Korea Deposit Insurance Corporation transferred to the defendant the claim against the plaintiff according to the decision of performance recommendation of this case on December 28, 2007, and the notification of the transfer was made on February 4, 2008.

E. The Defendant’s insurance claim against the Plaintiff, which was taken over by the Defendant as Suwon District Court Branch Branch 2013TTB283, is the Plaintiff’s insurance claim against the Plaintiff as the claim against the said Korea Deposit Insurance Corporation.

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