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(영문) 서울고등법원 2017.12.12 2017나2020119

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

[Claim]

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the cases where the part of facts in the judgment of the court of first instance is used from No. 5 of the judgment to No. 21 of the judgment of the court of first instance, to No. 6, and No. 15 of the judgment, and the part against the defendant among the reasons in the judgment of the court of first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. According to the following: ① The Korea Asset Management Corporation entered into an asset transfer agreement with the plaintiff on August 28, 2012, including the whole transfer of the rights of the Korea Asset Management Corporation to the plaintiff with respect to the "subject claim"; ② The term "subject claim" refers to the claims, commercial paper, corporate bonds, other claims, and all rights, claims, privileges, privileges, claims related thereto, collection fees and court procedures, claims related to the recovery of the subject claim, claims related to the recovery of the subject claim in the bankruptcy procedure, and all the pertinent modified claims related to the pertinent procedure.

A. The fact that the specification of the subject claim attached to the above asset acquisition agreement includes the borrower's "(State)D", the defendant as a joint guarantor, the lending institution as "Yaco 13", the principal of which is "29,756,491 won", and the Korea Asset Management Corporation received the claim claim of this case from a limited company specialized in camping 13 securitization, and the Korea Asset Management Corporation and the defendant and the first instance trial co-defendant A entered the amount of the cited claim of this case in KRW 29,756,491 (the cited amount for the defendant is part of KRW 29,756,491) and the order of the prior judgment that became final and conclusive on the claim of this case between the Korea Asset Management Corporation and the defendant and the first instance trial co-defendant A as to the claim of this case is part of KRW 299,756,491). ⑤