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(영문) 서울고등법원 2016.06.03 2015나16394

양수금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) entered into a contract on guarantee of each of the above guaranteed liabilities (hereinafter “instant guaranteed liabilities”) with respect to the following loans (hereinafter “the instant loans”) against C Co., Ltd. (hereinafter “C”) of the K Savings Bank Co., Ltd. (hereinafter “K Savings Bank”), with respect to the maximum amount of June 8, 2009 KRW 2,977,000,000,000, and the maximum amount of August 1, 2011, each of 3,900,000,000,000,000. In order to secure the performance of each of the above guaranteed obligations (hereinafter “instant guaranteed obligations”), joint mortgage was registered in the name of the Savings Bank in the name of 71 cab Co., Ltd. (hereinafter “instant 71 cab”).

On June 8, 2009.2,290,00,000,000 2,290,000,000,000,01,010,382,891 General Loan Loans of 3,000,000,0000,0000 on August 1, 2011, 200,000 1,237,907,907, 290,000,000 on the aggregate of 5,290,00,000,248,290,081

B. On July 17, 2013, the Defendant entered into a business license and a contract for the transfer of automobiles (hereinafter “instant transfer contract”) with the content that B shall transfer B’s passenger transport business license and 71 taxi of this case to KRW 3,400,000,000.

On October 15, 2013, the Defendant reported to the Seoul Special Metropolitan City Mayor on the transfer of all taxi transportation business according to the instant transfer contract and received notification of the repair on October 18, 2013.

C. On October 25, 2013, the Defendant filed an application for each transfer registration with respect to the instant taxi 71 with the competent authority on the Defendant’s filing of the application for each transfer registration with respect to each of the instant taxi. In the column for each special agreement attached to each of the above applications, “other than the collateral security established on the registry of the said automobiles, and the attachment and provisional attachment shall be succeeded to by the transferee only if they were established by the contract date.

Provided, That if the transfer amount exceeds the transfer amount, the transferor shall also be liable.