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(영문) 서울중앙지방법원 2016.05.11 2016나2344
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall pay to the plaintiff KRW 4,127,484 and its related costs.

Reasons

1. Basic facts

A. The Seocho Daejeon Credit Union loaned KRW 10 million to B on June 13, 1995, and the defendant jointly and severally guaranteed the above loan obligations.

(hereinafter “instant loan claim”). (b)

On September 22, 2004, the Bankruptcy Trustee of the Daejeon Daejeon Credit Cooperative (hereinafter “Korea Deposit Insurance Corporation”) was sentenced to the Daejeon District Court Decision 2004Gau149464 that “B, Defendant, C, and D shall jointly and severally pay to the Korea Deposit Insurance Corporation the amount calculated at the rate of 4,127,484 won per annum and 24% per annum from January 17, 2000 to the date of full payment.” The above decision became final and conclusive around that time.

C. On December 22, 2004, the Korea Deposit Insurance Corporation transferred the instant loan claim to the Plaintiff, and notified the Defendant of the transfer of the claim at that time.

【Reason for Recognition】 Each entry into evidence of subparagraphs A through 3, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 4,127,484 with interest calculated by the rate of 24% per annum from January 17, 200 to the date of full payment.

3. If so, the plaintiff's claim against the defendant is justified, and the part against the defendant in the judgment of the court of first instance is unfair with different conclusions, and thus it is revoked, and it is so decided as per Disposition by ordering the defendant to pay the above amount.

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