양수금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B borrowed KRW 35 million from Nonparty D and did not repay it, on October 24, 2006, agreed on October 31, 2009 to repay the borrowed amount of KRW 35 million to D (hereinafter “the borrowed amount”) and Defendant C jointly and severally guaranteed the borrowed amount of KRW 35 million.
B. Around November 24, 2006, Defendant B transferred to D the status of the policyholder of the Alurian Social Insurance III (Insurance Policy Number E; hereinafter “instant insurance contract”) a contract under Alurian Social Insurance Co., Ltd. (hereinafter “instant insurance contract”).
C. On May 22, 2015, D transferred the instant loan claims against the Defendants to the Plaintiff, and notified the Defendants of the assignment of claims on or around the 26th day of the same month.
On the other hand, Defendant B repaid the amount of KRW 1 million on December 13, 2006, KRW 500,000 on January 23, 2007 to D.
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, response to the order to provide financial transaction information to Alurian Life Insurance Co., Ltd. on November 2, 2015, the whole purport of the pleadings
2. Determination:
A. (1) With respect to the Plaintiff’s cause of claim, D (a) lent KRW 35 million to Defendant B under the joint and several guarantee of Defendant C, and thereafter, he/she is paid KRW 1.5 million in cash from Defendant B on December 13, 2006 and January 23, 2007. On November 24, 2006, he/she acquired the Plaintiff’s status as contractor of the insurance contract of this case from Defendant B and substituted it for the repayment of KRW 15 million in cash. Accordingly, the Defendants are jointly and severally liable to pay the borrowed amount of KRW 18.5 million and delay damages therefrom.
Therefore, the Defendants should pay the above money to the Plaintiff who received the loan refund claim against the Defendants from D.
(2) The judgment D lent KRW 35 million to Defendant B under the joint and several guarantee of Defendant C, and thereafter repaid KRW 1.5 million, and the Plaintiff from D.