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(영문) 서울중앙지방법원 2016.10.11 2015가단5277107
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 69,647,624 and KRW 29,543,456 among them from July 30, 2015.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) filed a lawsuit against the Defendant for reimbursement against the Seoul Central District Court 2005da1504253, Oct. 4, 2005, the Seoul Central District Court sentenced that “Defendant A shall pay to the Seoul Guarantee Insurance 11,880,000 won per annum from April 25, 2001 to October 1, 2005, and 20% per annum from the following day to the date of full payment,” and the judgment became final and conclusive on October 25, 2005.

(2) The above judgment (hereinafter referred to as the "Seoul Guarantee Insurance Judgment") filed a lawsuit against the Defendants for a loan claim against Samsung Life Insurance Co., Ltd. (hereinafter referred to as "Tsung Life Insurance Co., Ltd."). on January 20, 2006, which became final and conclusive on February 16, 2006 as Seoul Central District Court Decision 2005Kadan29477, and on January 20, 2006, the judgment was rendered that "Ssung Life Insurance Co., Ltd., Ltd., paid KRW 21,00,000 among them, and Defendant B jointly and severally with Defendant A, paid KRW 21,00,000 among them." The judgment became final and conclusive on February 16, 2006 and February 23, 2006, respectively.

(3) The above judgment was related to two loans. However, the quoted amount of KRW 26,201,134 to Defendant A was the total amount of KRW 15,00,00 of the principal of the loan and KRW 6,890,281 of the loan and KRW 2,63,456 of the principal of the two loan and KRW 1,367,38 of the transfer until March 28, 2003, and KRW 280,000 of the provisional payment, and KRW 21,00,000 of the quoted amount to Defendant B was the limit of one collateral guarantee that Defendant B guaranteed.

(4) After the judgment on Samsung Life Insurance became final and conclusive, the Defendants repaid KRW 5,013,572 to Samsung Life Insurance on May 30, 2006, and in addition, on October 26, 2006, KRW 17,740, and KRW 2008, respectively.

4. 11.8,880 Won was appropriated for each payment, and Samsung Life Insurance is the above payment.

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