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(영문) 서울중앙지방법원 2018.06.26 2018가단5000650

양수금

Text

1. The plaintiff

A. The defendant is jointly and severally and severally liable with Codefendant B, C, and D for KRW 92,00,000 and its amount. < Amended by Presidential Decree No. 18083, Sep. 9, 2003>

Reasons

1. According to the overall purport of each entry and pleading by Gap 1-6, the reason for the claim in the separate sheet (the plaintiff was delegated with the authority to notify the transfer of credit from the transferor of the previous final judgment (the Busan District Court Decision 2006Da323246, Jul. 27, 2017) and notified the fact of the transfer of credit to Eul Co., Ltd., the principal debtor of the loan in the instant case, "the principal debtor of the loan transaction agreement and the name of the corporate registry," and the head office and the defendant of Eul Co., Ltd. and the defendant, the principal debtor of the bond in the promissory note, respectively, notified the fact of the transfer of the obligation to pay the transfer of the promissory note in the form of "the place where the defendant entered in the written objection and reply," barring any special circumstance, the defendant was partially requested by the plaintiff and other co-defendants entered in the order as requested by the plaintiff, and except for the payment order order (hereinafter "the instant case").

The principal and interest of loans and promissory notes shall be paid jointly or jointly with each other.

2. Defendant’s assertion and judgment

A. The ten-year statute of limitations has passed since the claim of this case, which is a commercial claim, was not notified of the legitimate assignment of claims, and the ten-year statute of limitations has passed since the initial repayment date, or there was a prior final and conclusive judgment (Jinsan District Court 2006Da84610).

B. Whether a legitimate assignment of claims is notified (1) If a guaranteed obligation with respect to a loan claim of this case is transferred to a principal debtor as the principal obligor is subordinate to or accompanied by the principal obligation, the obligation against the guarantor shall also be also transferred, unless otherwise stipulated by the parties.