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(영문) 서울중앙지방법원 2018.02.20 2017가합554305

양수금

Text

1. The defendant does not exceed KRW 240,000,000 to the plaintiff, KRW 358,149,452 to the plaintiff, and KRW 193,174,060 among them. < Amended by Presidential Decree No. 28906, Feb. 2, 2018>

Reasons

1. On October 6, 2010 and June 14, 2011, our bank, which indicated the claim, concluded a loan contract with a limited partnership company B. On June 14, 201, the Defendant jointly and severally guaranteed the obligation under the above loan contract of a limited partnership company B within the limit of 240,00,000 won. On December 12, 2012, our bank, which acquired the claim, including the loan of KRW 358,149,452, against the limited partnership company B from our bank, the third asset-backed limited liability company transferred the said claim to the Plaintiff on November 12, 2013, and notified the limited partnership company of the above transfer on December 13, 2013, the Defendant acquired the claim and its payment claim (the date of delivery of the application of this case and its modification on the claim for delay damages) within the above guarantee limit (the date of delivery of the copy of the claim and its modification on the claim).

2. Article 208 (3) 3 of the Civil Procedure Act: