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(영문) 서울중앙지방법원 2017.04.04 2016가단5102484

양수금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 43,717,751 as well as KRW 9,291,50 among them, from May 4, 2016.

Reasons

1. The cause of the claim is as shown in the annexed sheet;

2. Determination and conclusion

A. Comprehensively taking account of the overall purport of arguments in the statements in Gap evidence Nos. 1 through 3 and 6, Hyundai Swiss Mutual Savings Bank Co., Ltd. received the judgment that "the defendants jointly and severally paid to the plaintiff 31,924,372 won and 9,291,500 won which are calculated at the rate of 27% per annum from April 23, 2010 to the date of full payment" from the Seoul Central District Court on October 13, 2010, the above judgment became final and conclusive at that time, and the above savings bank (mutual change to SBI2 Savings Bank) transferred the above judgment claim against the defendants to the plaintiff on June 21, 2013, and delegated the fact of transfer to the plaintiff and notified the defendants. There is no counter-proof.

(b) Defendant A was granted a loan from Defendant A to the C&B investment loan or to the South Korean community credit cooperatives with only the descriptions of the evidence Nos. 1 and 3 through 5 (including a serial number) (including a serial number);

In light of the above, it is insufficient to recognize that the above financial institutions acquired the bonds from the original lender and transferred them to the Plaintiff again, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s assertion in this part of this case (the No. 2, 3 of the specification of

C. Therefore, the Defendants jointly and severally acquired bonds from SBI2 Savings Bank from the Plaintiff 2016.

5.3. 3. The Plaintiff’s claim is reasonable within the scope of recognition, and is therefore subject to a decision as per Disposition, on the grounds that the Plaintiff’s claim is without merit, and the remainder is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.