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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. On June 29, 199, the Gu Ri Mutual Savings and Finance Company (hereinafter “Gu Ri Mutual Savings and Finance Company”) set KRW 47,000,000 to Defendant A on June 29, 200, under Defendant B’s joint and several sureties, as the due date for payment of KRW 47,00,000 to Defendant A, 18% per annum, and 25% per annum for delay damages (hereinafter “instant loan”).
B. On July 25, 2001, the old Li Mutual Savings and Finance Company was declared bankrupt. On March 20, 2004, the Korea Deposit Insurance Corporation of the old Li Mutual Savings and Finance Company applied against the Defendants for a payment order seeking payment of the remaining principal amount of 45,095,122 won and overdue interest of 25% per annum from October 29, 2000 to March 15, 2004.
Accordingly, on April 2, 2004, the above court ordered the payment of KRW 83,178,879 to the Korea Deposit Insurance Corporation in bankruptcy in the old Li Mutual Savings and Finance Company and KRW 45,095,122 to the Defendant jointly and severally paid the amount of KRW 25% per annum from March 16, 2004 to the full payment date, and the above payment order was finalized on October 1, 2004.
C. On May 12, 2005, the Korea Deposit Insurance Corporation transferred all of the instant loan claims to the Plaintiff, and notified the Defendants of the transfer of the said claims on May 13, 2005.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including additional number), Eul evidence 1, the purport of the whole pleadings
2. The Defendants asserted that the instant loan claim is unlawful as a bankruptcy claim, but this is merely merely an independent opinion of the Defendants, and cannot be deemed as a claim of a nature that cannot be transferred with its own bankruptcy claim. Thus, the Defendants’ defense is without merit.
3. Judgment on the merits
A. According to the above facts of determination as to the cause of the claim, the defendants shall jointly and severally seek as part of the claim against the plaintiff, and 18,445.