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Reasons
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(영문) 서울중앙지방법원 2015.12.18 2015가합12869
양수금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Jeonbuk Bank Co., Ltd. (hereinafter “former Northern Bank”) set forth 150,00,000 won per annum on November 12, 1997 due date to C on November 12, 1997, and extended 18% per annum of overdue interest rate (where there is a change in the interest rate of a financial institution, to follow it) to the joint and several guarantee of Defendant and B.

(hereinafter “instant loans”). (b)

The Jeonbuk Bank filed a lawsuit against the Defendant, C, and B (hereinafter “Defendant, etc.”) seeking the payment of the instant loan due to the delay in the repayment of the instant loan by C.

(E) On February 17, 1998, the above court shall pay the amount of KRW 131,160,000 to the Jeonju Bank jointly and severally, and the amount calculated by the ratio of KRW 19% per annum from December 13, 1997 to December 29, 1997, and the amount of KRW 24% per annum from the next day to the date of full payment. 2. The costs of lawsuit and the costs of mediation shall be borne by each party."

(C) On March 28, 1998, the above mediation decision was finalized as it was. C. The payment of the principal of the loan of this case to the Jeonbuk Bank was made on June 25, 1998, KRW 1,031,240, and KRW 125,865 on March 15, 2001. D. on March 28, 2003, the Jeonbuk Bank transferred the claim for the loan of this case to the Dongyang branch social, and notified it to C around that time. On November 1, 2010, the Dongyang branch social re-transfer the above claim for the loan of this case to the Plaintiff, and the Plaintiff entrusted with authority from the social society on November 8, 2010 notified the above assignment of claim of this case to C. 【No grounds for recognition, Nos. 1, 25-2, 1, 25-1, 2, 2, and 1-1, 2-1, 1-2, and 8-1.

2. The parties' assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant, who is a joint and several surety of the loan of this case, unless there are special circumstances.

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