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(영문) 서울중앙지방법원 2019.07.17 2019나6873
청구이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. B entered into a credit guarantee agreement with the defendant around September 1993, and obtained a loan from C Co., Ltd. pursuant to the above credit guarantee agreement, and the plaintiff jointly and severally guaranteed the obligation owed by B to the defendant.

B. After that, on August 2, 1994, the defendant subrogated for the debt to C Co., Ltd., and then filed a lawsuit against the plaintiff and B seeking the payment of indemnity amount under the court 9Ga18399 on July 30, 1999 and won the judgment in favor of the court on October 7, 199, and the above judgment became final and conclusive on November 5, 199.

C. In addition, on February 18, 2008 for the interruption of extinctive prescription, the Defendant brought an action against the Plaintiff and B seeking reimbursement of the same amount as 2008da51425, and the above court closed the pleadings on May 22, 2008 and rendered June 12, 2008, “B and the Plaintiff jointly and severally with the Defendant for KRW 31,373,956 and 31,018,056, respectively, were 17% per annum from August 2, 1994 to February 15, 1998; 25% per annum from the following day to October 31, 1998; 20% per annum from the next day to February 29, 200; and 16% per annum from the next day to April 16, 200; and 30% per annum from the next day to 20% per annum to 30% per annum.”

(hereinafter “instant final judgment”) d.

On the other hand, the Defendant transferred the Defendant’s claims to the Korea Asset Management Corporation pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation on September 27, 2012, and sent the notice of assignment to the Plaintiff by content-certified mail around November 1, 2012.

[Ground of recognition] Facts without dispute, entry of Eul Nos. 1 and 2 (including additional numbers), the purport of the whole pleadings

2. The Defendant’s judgment on the Defendant’s main defense of safety transfer to the Korea Asset Management Corporation and the Plaintiff.

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