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(영문) 전주지방법원 2017.12.15 2017나1809
부당이득금반환
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

In fact, on September 5, 1997, Defendant Jeonju Livestock Cooperatives (hereinafter “Defendant Livestock Cooperatives”) lent KRW 15 million to B on September 5, 1997, and the Plaintiff jointly and severally guaranteed the above loan obligations against Defendant Livestock Cooperatives.

On February 27, 1998, Defendant Livestock Cooperatives lent KRW 6 million to C, and the Plaintiff jointly and severally guaranteed the above loan obligations against Defendant Livestock Cooperatives.

(hereinafter) The above joint and several guarantee claim against the Plaintiff for the Plaintiff for the Livestock Industry Consultation (hereinafter “instant claim”). Defendant Livestock Industry Cooperatives filed a lawsuit against the Plaintiff and the Plaintiff for the loan claim in the Jeonju District Court Kim Jong-si.

On November 29, 2000, the above court rendered a ruling that "the plaintiff shall pay to the defendant Livestock Cooperatives 10,579,213 won with interest rate of 17% per annum from March 12, 2000 to the date of full payment (the above court 2000Gada920)" (the above ruling became final and conclusive on January 3, 2001).

The defendant Livestock Cooperatives filed a lawsuit against the plaintiff and B against the same court.

On November 29, 2000, the above court rendered a ruling that "the plaintiff shall pay to the defendant Livestock Cooperatives 18,387,943 won and 15 million won, which shall be calculated at the rate of 19% per annum from March 22, 2000 to the day of full payment" (the above court 200 Ghana982). The above ruling became final and conclusive on January 3, 2001.

On October 29, 2014, Defendant Livestock Cooperatives transferred the instant claim to the Defendant Agricultural Cooperative Asset Management Corporation (hereinafter “Defendant Agricultural Cooperative”), notified the Plaintiff of the assignment of the said claim on August 21, 2015, and around that time, the said notification reached the Plaintiff.

Defendant Nonghyup received KRW 15 million from the Plaintiff based on the instant claim on September 11, 2015.

【In the absence of dispute, the Plaintiff’s assertion of the entire purport of each of Gap’s evidence Nos. 1 through 4 (including family numbers; hereinafter the same shall apply) and all of the pleadings against Defendant No. 335, Oct. 29, 2014.

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