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(영문) 서울중앙지방법원 2016.03.25 2016나8854
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Korea Mutual Savings Bank Co., Ltd. (hereinafter “Korea Mutual Savings Bank”) extended loans to B three times (hereinafter “Korea Mutual Savings Bank”), and the Defendant jointly and severally guaranteed the above loans to B.

B. The non-party bank went bankrupt, and the Korea Deposit Insurance Corporation, the trustee in bankruptcy of the non-party bank, filed a lawsuit against the defendant seeking the performance of joint and several liability

In the above lawsuit, the court rendered a ruling that "the defendant shall pay the Korea Deposit Insurance Corporation KRW 106,484,816 and 2,280,98 among them at the rate of 21% per annum from November 9, 200 to the date of full payment" (the Changwon District Court Decision 2005No629 delivered on June 7, 2005), and the above ruling was finalized on August 4, 2005.

(hereinafter “instant final judgment”). C.

On the other hand, the Korea Deposit Insurance Corporation filed a lawsuit against C (A) seeking revocation of a fraudulent act (C) (C) (the Changwon District Court Decision 2012Da71292, 2012Na17671, 2013Ma5696, hereinafter “related lawsuit”), and the court in the appellate trial of the said lawsuit rendered a compulsory conciliation decision on July 23, 2013, and the said compulsory conciliation decision became final and conclusive around that time by failing to raise an objection by the parties.

The main contents of the above compulsory adjustment decision are as follows: ① Payment of KRW 10 million to the Korea Deposit Insurance Corporation in three installments; ② Payment of KRW 10 million to the Korea Deposit Insurance Corporation is confirmed that the ownership of real estate subject to revocation of fraudulent act is C immediately after the Korea Deposit Insurance Corporation received the full payment from C, and ③ Korea Deposit Insurance Corporation waives the remainder of the claim.

According to the above compulsory adjustment decision, C remitted to the Korea Deposit Insurance Corporation KRW 3 million on August 27, 2013, KRW 3 million on September 24, 2013, KRW 3 million on September 24, 2013, and KRW 10 million on October 28, 2013.

E. On October 2, 2014, the Korea Deposit Insurance Corporation transferred only interest claims out of loan claims against B, which was recognized by the final and conclusive judgment of the instant case, to the Plaintiff. ① Interest 17,823,146 won on April 2, 1996, ② Interest 23,394,107 won on loans of August 16, 1996, ③ interest 23,394,107 won on loans of August 16, 1996.

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