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(영문) 서울중앙지방법원 2018.10.19 2018나26764

양수금

Text

1. The plaintiff's appeal and the plaintiff's successor's claim are dismissed, respectively.

2. The plaintiff and the defendant have arisen.

Reasons

1. In the first instance trial, the Plaintiff asserted that the Defendant was transferred the loan claims listed in the annexed sheet 1 to 6, and sought a total of KRW 70,301,20,330,00 in total, and the principal and interest of the loan. The court of first instance dismissed the part of the loan claims listed in the above list 1 to 4, and dismissed the part of the loan claims listed in the annexed sheet 5 and 6.

Accordingly, the Plaintiff appealed against the above-mentioned 1 to 4 (a total of 46,247,908 won). Thus, the subject of the judgment by this court is limited to the loan claims in the above-mentioned 1 to 4.

2. Basic facts

A. The Defendant entered into a loan transaction agreement with the Industrial Bank of Korea and received a loan as stated in the attached Form No. 1 to No. 4

(hereinafter “each of the instant loans”). (b)

The Defendant shall pay the interest on loans, the principal repaid in installments, and the principal and interest on installment when the Defendant fails to pay the due date under the above loan transaction agreement, and shall pay damages for delay to the amount to be paid. When the Defendant fails to perform his/her obligation on the expiration date of the credit period, or when he/she loses his/her benefit under Article 7 of the Framework Agreement on Credit Transactions at Bank, he/she shall pay damages for delay to the balance of the credit from that time. The Defendant lost its interest on the due date

C. On April 20, 2004, the Industrial Bank of Korea (hereinafter referred to as the “Industrial Bank of Korea”) provides D non-partnerships Co., Ltd. (hereinafter referred to as “D”) with the Korea Industrial Bank of Korea; K non-partnerships provide social funds (hereinafter referred to as “nives”) on June 7, 2004; YNs provide credit on October 20, 2010 to the Korea Social Co., Ltd. (hereinafter referred to as “nives”) with the Korea Overseas Loan Co., Ltd. (hereinafter referred to as “TN”) (hereinafter referred to as “D”) with the Korea Overseas Loan on October 28, 201; and DNs provide loans on June 6, 2013.