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(영문) 서울중앙지방법원 2015.01.23 2014가단5189753

양수금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion bank lent money to C under the Defendants’ joint and several sureties, and transferred the above loan claims to the camping Co., Ltd. Specialized Company (hereinafter “instant limited liability company”). The instant limited liability company transferred all of the above bonds to the Plaintiff via the Korea Asset Management Corporation, and the Plaintiff was delegated with the authority to notify the transfer from the Korea Asset Management Corporation and notified the Defendants of the transfer.

2. On the other hand, unless otherwise stipulated by the parties, if a claim against a principal obligor is transferred due to the subsidiary nature of the principal obligation or the subsidiary nature of the principal obligation, the obligation is also transferred to the guarantor, and in such a case, the requirements for setting up against the transfer of the assignment of claim shall be satisfied if the obligation satisfies the requirements for setting up against the principal obligation, and it is not necessary to separately satisfy the requirements for setting up against the surety obligation (see, e.g., Supreme Court Decisions 2002Da21509, Sept. 10, 200; 88Da2074, Oct. 24, 1989; 75Da1100, Apr. 13, 1976; 200, which differs from the principal obligation to the surety obligation, is contrary to the subsidiary nature of the guaranteed obligation, and only the surety obligation cannot be transferred to a person who does not have the principal obligation, and thus, it cannot be transferred to the surety separately from the principal obligation (see, e.g., Supreme Court Decision 2002Da2509, Feb.

There is no assertion as to the instant case that the Korea Asset Management Corporation and the Korea Asset Management Corporation notified the Plaintiff of the transfer of the instant claim to C, the primary debtor.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's conclusion is followed.