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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 29,210,287 and KRW 7,300,556 among them.
Reasons
1. Basic facts
A. The Korea Mutual Saving and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) concluded a bill trading agreement with Nonparty A on August 5, 1994, and made a bill lending of KRW 8,500,000 to A on December 13, 1995.
B. The Korea Mutual Saving and Finance Company completed the provisional attachment registration on April 8, 1996 (Seoul District Court 96Kadan4208) with the subsequent claim amount of KRW 8,500,000, and the provisional attachment registration was cancelled on April 26, 1999.
C. After that, on November 9, 1998, claims against A were transferred in sequence to the Korea Oil Mutual Savings Bank (hereinafter “Korea Oil Mutual Savings Bank”), the second asset-backed securitization specialized in Korea on December 14, 200, to the Korea Securities Bank (hereinafter “Korea Securities Bank”), the Korea Securities Bank (hereinafter “KF”) on October 31, 2003, to the Korea Securities Bank on April 30, 2007, and to the Solomon Mutual Savings Bank (hereinafter “ Solomonmon Mutual Savings Bank”) on December 11, 2009.
On the other hand, on October 12, 2001, Korea Mutual Savings and Finance Company filed a claim for a loan against A with the Seoul District Court 2001Da105344, and received on October 12, 2001, “A shall pay the amount of KRW 13,146,227 to the Korea Mutual Savings and Finance Company and KRW 7,300,556, whichever is applicable, at the rate of 22% per annum from April 21, 1999 to the date of full payment.” The above judgment was finalized on November 29, 200, and the Korea Mutual Finance Company received the provisional attachment order (Seoul Central District Court 2004Kadan10761) as KRW 21,247,442 on the real estate listed in the separate attachment list, and the provisional attachment order was revoked until the date of the provisional attachment order, and the provisional attachment order was revoked on August 21, 2004.
E. A’s obligation to the Solomon Savings Bank is the principal of KRW 7,300,556 as of January 19, 2012, the provisional payment of KRW 462,80, interest of KRW 21,004,425, expenses of KRW 442,426, total of KRW 29,210,210.