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전주지방법원 2016.01.21 2014나10673

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal



1. The following facts of the recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1 to 6, Eul evidence No. 20 and 21:

On October 4, 1996, the Defendant took out a loan of KRW 40,000,000 from the original credit union (hereinafter referred to as the “Geancheon Credit Union”) on a date set on October 4, 1996 as the loan date (hereinafter referred to as “the first loan”), and the Plaintiff jointly and severally guaranteed the Defendant’s obligation to lend the above loan to the Kim Jong Credit Union.

B. Around December 11, 1996, the Defendant obtained a loan of 15,00,000 won from the Korean Commercial Bank (hereinafter “Second Loan”), and the Plaintiff and C jointly and severally guaranteed the Defendant’s obligation to pay the above loans to the Korea Development Bank. After that, the creditors of the above loan claims were incorporated into the Korean Commercial Bank into the Korean Bank, and changed into the Korean Bank. On May 13, 2005, the Korean Bank transferred the above loan claims against the Defendant against the Defendant to the Korea Specialized in Asset-Backed Company. On June 16, 2005, the notification of the transfer was reached to the Plaintiff, the Defendant, and the C. The payment of the said balance was jointly and severally filed against the Plaintiff, the Jeonju District Court Decision 2008Da4867, March 14, 2005, the Plaintiff sought the payment of the said loan claims to the Plaintiff and the Defendant at the rate of KRW 1400,07,000,000, May 17, 2008.

C. On July 12, 2012, the Plaintiff repaid KRW 15,000,000, out of the loans No. 1, to the Kim Jong Credit Union, and KRW 15,725,303, out of the loans No. 26, April 26, 2013 to a limited liability company specializing in asset-backed securitization, respectively.

2. Determination;