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(영문) 서울중앙지방법원 2017.01.10 2016가단5037283
양수금
Text

1. The defendant shall pay 100,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. The facts as stated in the separate sheet of claim for judgment as to the cause of claim (However, the "creditor" and "debtor" are deemed to be "Plaintiff" and "Defendant", and the payment order as to the debtor B became final and conclusive) do not conflict between the parties, or can be acknowledged in full view of the purport of the entries and arguments as a whole. As such, the defendant has a duty to pay the amount stated in Paragraph (1) of the Disposition against the plaintiff who acquired the loan claim of this case from the Dongan Bank through the Korea Asset Management Corporation and the plaintiff who acquired the loan claim of this case as part of a claim. On the other hand, the lawsuit of this case raised for the purpose of the extension of prescription after the completion of the extinctive prescription after

2. The defendant's assertion as to the defendant's assertion that the joint and several guarantee of the loan in this case was made to the effect that the defendant's coercion, which was the employer at the time, and the defendant's "joint and several guarantee of the defendant is merely a formal one," and that the repayment of the above loan obligation was completed.

On the other hand, there is no evidence to acknowledge the above facts alleged by the defendant, and if there exists a final judgment, any assertion or defense arising from the grounds that could have occurred and submitted prior to the date of closing argument in the fact-finding court of the same judgment shall be interrupted by res judicata of the final judgment. As such, the parties to whom the final judgment has been rendered cannot make any assertion contrary to the contents of the final judgment for the same reason, and the court cannot make any decision contrary thereto (see, e.g., Supreme Court Decision 76Da1338, Nov. 23, 197

3. The plaintiff's claim is justified.

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