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(영문) 서울중앙지방법원 2017.02.02 2016나56457
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be modified as follows:

The defendant is co-defendant B of the first instance trial.

Reasons

1. Basic facts

A. On October 24, 1994, Co-Defendant B of the first instance trial (hereinafter “B”) agreed on October 24, 1994 that the repayment period of KRW 10 million between the Japanese Bank Co., Ltd. (the current trade name is SCB bank; hereinafter “Japan Bank”) shall be October 24, 1997, and the overdue interest rate of the contract shall be 18% per annum, and the Defendant entered into an agreement with the Japanese Bank to become a joint guarantor for the performance of the above obligation under B on the same day.

B did not pay monthly installment savings of the above loan from April 25, 1995, and the amount unpaid at that time as of October 17, 1995 is KRW 8,595,355.

(hereinafter “Claims for loans of this case”). (b)

On December 30, 199, the Japanese bank thereafter transferred the instant loan claims to the Liquidation Corporation on December 30, 199, to the Korea Asset Management Corporation on December 28, 200, to the Korea Asset Management Corporation, to the Plaintiff on September 18, 2012, and to the notification of the transfer of claims to B around that time.

C. Meanwhile, as the principal and interest of the loan under the instant loan agreement and the household installment savings loan claims as of June 2, 1994 were in arrears, the Japanese bank filed a lawsuit against B and the defendant on December 21, 1995 against the Seoul District Court Branch Branch of Dong Branch of the Seoul District Court on December 21, 1995, and the above court rendered a judgment citing the entire claim of the Japanese Bank on March 21, 1996.

In addition, on January 5, 2006, the Korea Asset Management Corporation filed a lawsuit against B and Defendant on the instant loans, the instant household installment savings loans, and other claims against Defendant on February 22, 1994 to suspend the extinctive prescription period of credit card payment claims, Seoul Eastern District Court 2006Gada3702, and the above court rendered a judgment that fully accepted the claims of the Korea Asset Management Corporation on August 23, 2006.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 7 and 11 (including branch numbers, if any).

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