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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.The reduction of claims by this court.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition (1) On April 6, 2001, the Industrial Bank of Korea (hereinafter “Non-Party Bank”) set 350,000,000 won to Co-Defendant B Co-Defendant Company (hereinafter “Defendant Company”) as the due date of payment on March 15, 2009, interest rate of 6.25% per annum, delay damages rate of 18% (hereinafter “instant loan”), and the Defendant C jointly and severally guaranteed the obligation to return the above loan to the Defendant Company.
(2) The instant claim for the loan was transferred from the non-party bank to D Limited Company (hereinafter “instant limited company”), E, F Limited Company, G and A. Each of the above claims transferor notified the Defendant Company of the transfer of each of the above claims at the time of the above transfer of claims.
(3) On April 30, 2013, when a corporation was under the management of the Financial Supervisory Service pursuant to Article 14-3(4) of the Act on the Structural Improvement of the Financial Industry, it was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as a trustee in bankruptcy of A on the same day.
(4) At the time when Company A received the transfer of the instant loan from Company B, the remaining principal and interest of the instant loan was KRW 118,396,03,000. However, on October 10, 2018, the Plaintiff, based on the enforcement title of the first instance court Decision 2014Da532179, the Seoul Central District Court, which rendered the judgment of the first instance court, issued the order of seizure and collection (hereinafter “instant claim seizure and collection order”) with respect to the Defendant C’s claim for the return of deposit against the said third-party debtor as the Defendant, the third-party debtor, the Defendant, the first-party debtor, the I Co., Ltd., H, the J., the J., the J., the J., the amount claimed, KRW 91,845,943, and the collection order was served on the said third-party debtor on October 12, 2018.
(5) The Plaintiff is entitled to KRW 40,931,788 on December 19, 2018 and January 15, 2019 by virtue of the instant order of seizure and collection.