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(영문) 수원지방법원안양지원 2019.01.25 2017가합101817

양수금

Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant C Co., Ltd.: KRW 1,887,978,643 and KRW 655,961,902 among them. < Amended by Act No. 15083, Jul. 2017>

Reasons

1. The Plaintiff’s succeeding intervenor held the claim against the Defendants as shown in the grounds of the claim. However, on February 7, 2018, the Plaintiff’s succeeding intervenor transferred the claim for the loan to Defendant C Co., Ltd. (hereinafter “C”) from the Plaintiff (hereinafter “instant claim for the transfer of the claim”). Around that time, the Plaintiff asserted that the Plaintiff notified the Defendants of the said transfer of the claim. The Plaintiff’s succeeding intervenor and the Defendant are deemed to have led to the confession under Article 150 of the Civil Procedure Act. The Plaintiff’s succeeding intervenor and the Defendant were deemed to have led to the confession under Article 150 of the Civil Procedure Act. The Plaintiff’s succeeding intervenor and the Defendant Company D, E, and F, can be acknowledged as they were, comprehensively taking account of the respective descriptions and the entire purport of the pleadings as indicated in

2. Determination:

A. According to the facts of the above recognition of the Plaintiff’s succeeding intervenor’s claim, Defendant C is obligated to pay the Plaintiff’s succeeding intervenor KRW 85,00,00,00, which is the guarantee limit amount among the above money, to the sum of KRW 1,887,978,643, and the principal amount of KRW 655,961,902, and the principal amount from April 15, 2017 to the date of full payment. Defendant D, E, and F are joint and several obligors, jointly and severally with Defendant C, to pay KRW 85,00,00,00, which is the guarantee limit amount among the above money.

B. The Plaintiff sought payment from the Defendants of the instant claim, but the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff on February 7, 2018 during the instant lawsuit. As seen earlier, the Plaintiff’s claim against the Defendants is without merit.

3. As such, the plaintiff's claim against the defendants by the succeeding intervenor is accepted for all reasons. The plaintiff's claim against the defendants is dismissed for all reasons. It is so decided as per Disposition.