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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 3 and 5:
At the time when the Plaintiff purchased construction machinery from Hyundai Motor Company B, the Plaintiff jointly and severally guaranteed B’s obligation to pay the purchase price.
(hereinafter “instant guaranteed liability”). B.
After that, B did not pay the purchase price, Hyundai Motor Co., Ltd., which had acquired the above construction machinery purchase price claim against B from Hyundai Motor Co., Ltd. (after that, the trade name was changed to Dasan Co., Ltd., Dasan Co., Ltd., Dasan Asset Management Loans, Dasan Co., Ltd., and Dasan Heavy Co., Ltd.; hereinafter “Dasan Co., Ltd.”) and filed a lawsuit against the Plaintiff seeking the payment of the guaranteed debt of this case against the Plaintiff. On April 20, 2007, Jeonju District Court Decision 2006Da4818, Jeonju District Court Decision 2006Da4818, “the Plaintiff shall pay to the Nonparty Co., Ltd. 84,85,392 and KRW 37,391,291, which was calculated at the rate of 24% per annum from June 13, 2006 to the day of complete payment.”
C. On the original copy of the above final judgment, the non-party company requested the Korea Highway Corporation to order the seizure and collection of the claim against the Plaintiff. On December 27, 2007, the former District Court issued a collection order for the seizure and collection of the claim (hereinafter “instant collection order”).
On November 18, 2012, Nonparty Company entered into an asset transfer agreement with the Defendant, and transferred the Plaintiff’s guaranteed debt claim (such as principal amount of KRW 20,328,685, litigation costs, interest, etc.) to the Defendant. On February 8, 2013, Nonparty Company notified the Plaintiff of the transfer of the said obligation with content certification.
2. The Plaintiff was fully repaid with the execution of the seizure collection order of the instant case, or the Plaintiff’s debt from the Nonparty Company around 2012, which is the primary debtor.