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(영문) 서울중앙지방법원 2015.05.15 2014나26735 (1)

양수금

Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the first instance shall be based on the trial.

Reasons

1. Facts of recognition;

A. On May 27, 1998, the Defendant jointly and severally guaranteed the above loan obligations from the Seoul Bank (hereinafter “Seoul Bank”), ① KRW 4.9 million (19.25% per annum), ② KRW 2.2 million per annum (16.2% per annum) at each due date for the deposit automatic loan of the head of the Tong (16.2% per annum), and the Defendant jointly and severally guaranteed the above loan obligations from the Seoul Bank (hereinafter “Seoul Bank”).

B. Around September 22, 1999, Seoul Bank sent to the Defendant a notice of assignment of claims to the effect that each of the loans against the following Defendant was transferred to the Plaintiff pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Assets Management Corporation:

On May 27, 1998, interest on the balance of the original loan extended on the date of the loan, KRW 4,900,000, KRW 490,000, KRW 1,632,698, and KRW 86,31 on May 27, 1998, in total, KRW 7,100,000, KRW 1,719,029,029.

(c) As of April 16, 2013, the sum of the principal and interest of the above transferred money claims as of April 16, 2013 are as follows:

General deposit loans 4,900,000 won 14,574,604 won 19,474,604 won 2,55,911 won 5,767,427 won total of 8,323,338 won 8,45,911 won 20,342,031 won 27,797,942 won / [based on recognition] / Each entry in the evidence of subparagraphs A (including each number) and 3 (including each number), the result of an order to submit financial transaction information to the Han-Council Bank, the purport of the entire pleadings, as a result of the order to submit financial transaction information,

2. The assertion and judgment

A. As to the plaintiff's assertion against the defendant on the ground that he received each of the loans of this case from the Seoul Bank, the defendant did not receive the notice of assignment of claims for each of the loans of this case, and according to the letter of assignment of claims (Evidence A2-1) submitted by the plaintiff, the plaintiff is not a loan claim of KRW 4.9 million for general loan loans of KRW 4.9 million as of May 27, 1998, but not a loan claim of April 19, 1997.