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(영문) 인천지방법원 2018.02.07 2017나66803

양수금

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion is a joint and several surety for B's debt to the extent of KRW 3,900,000,000 regarding credit transaction agreements between B's and National Bank.

The above claim was transferred to the plaintiff through the 13th securitization specialized company, the 13th securitization loan company, and the 10th securitization loan company.

As of April 20, 2017, the principal and interest outstanding as of April 20, 2017 was KRW 4,100,96,091 (i.e., outstanding principal at the time of transferring the claims in KRW 2,647,157,702 and overdue interest at KRW 1,345,69,454 after transferring the claims in KRW 108,139,454). The Defendant is obligated to pay damages for delay to KRW 1,463,838,389 out of the claims in this case (i.e., overdue interest at KRW 10,00,00,000 among the outstanding principal and interest) and the damages for delay to the principal amount of KRW 10,00,000 among them.

2. Upon ex officio determination, Article 5-2(1) of the Trial of Small Claims Act provides that “In a claim aimed at paying a certain amount of money, other substitutes, or securities, a creditor shall not divide the claim for the purpose of receiving the application of the Trial of Small Claims Act and only part of the claim shall not be claimed.”

However, while the Plaintiff’s claim amount as of April 20, 2017, which is the sum of KRW 4,100,96,091 (the principal among them is KRW 2,647,157,702) and the transfer amount is the sum of KRW 4,100,96,091 (the principal is KRW 2,647,157,702), the Plaintiff’s claim amount that is part of the claim amount is sought to be subject to the application of the Trial of Small Claims Act. Therefore, the instant lawsuit is deemed unlawful in violation of the

3. As such, the instant lawsuit is unlawful and dismissed.

The judgment of the first instance court is unfair in conclusion, and thus, the judgment of the first instance is revoked and the lawsuit of this case is dismissed.