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(영문) 인천지방법원 2020.02.13 2019나54750

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. Facts of recognition;

A. On February 10, 2010, C Union (hereinafter “instant association”) loaned KRW 3 billion as a loan for the general fund of a church (hereinafter “instant church”) to the Diplomatic Association (hereinafter “instant church”) on February 10, 2010, and was set up a right to collateral security at KRW 3.9 billion with respect to the size of land E with the wife population E-218 square meters on the same day on the same day.

B. In a situation where the instant church requires a new church construction fund, on February 10, 2015, the Defendant, at the request of the chairperson of the Building Committee, guaranteed the debtor to the instant church on February 10, 2015, with the guarantee limit of the instant church and the probation guarantee limit of KRW 26 million (hereinafter “instant probation guarantee”).

C. The instant church did not pay interest from April 11, 2015.

On November 20, 2015, the instant association applied for a voluntary auction on real estate set up a right to collateral security, and on November 23, 2015, the instant association commenced the voluntary auction procedure.

On December 31, 2015, the instant association entered into a contract to transfer all of the instant loan claims to the Plaintiff, and notified the instant church of the assignment of claims on the same day.

The notification of the assignment of claims reached the church of this case on January 4, 2016.

On December 31, 2015, the instant association notified the Defendant of the assignment of claims, and the notification of the said assignment of claims reached the Defendant at that time.

E. The principal and interest of the instant loan reaches KRW 4,280,790,151 as of February 12, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 8, whole purport of pleading

2. Assertion and determination

A. In light of the fact that the date of the instant loan, the date of the Defendant’s guarantee, the circumstances leading up to the Defendant’s guarantee, and the instant association notified the Defendant of the transfer of the instant loan claims, which can be known as the fact of the above recognition as to the cause of the claim, it is recognized that the Defendant provided a collateral guarantee for the instant loan around the time of the extension of the instant loan.

The defendant.