양수금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Determination on the cause of the claim
(a) The following facts of recognition may be recognized by comprehensively considering the respective descriptions of Gap evidence 1 to 5 (including paper numbers) and the overall purport of the pleadings, and there is no counter-proof.
[A] The evidence No. 2 (Written Agreement) is presumed to have established the authenticity of the entire document because there is no dispute over the defendants' seal image part, and the defendants raised that the above document was forged by a third party, but there is no evidence to acknowledge it. 1) The defendant A around October 11, 200, Hyundai Capital Co., Ltd. (hereinafter referred to as "Nuri Capital"); and
A) A loan of KRW 400,000 was received from the Plaintiff, and an installment financing agreement was concluded between November 15, 200 and November 12, 200 to redeem the loan (hereinafter “instant claim for installment financing proceeds arising therefrom”).
(2) On February 19, 2001, Defendant A borrowed KRW 4,990,00 from Nonparty EL branch card Co., Ltd. (former trade name: EL branch card; hereinafter “EL branch card”); Defendant A entered into a substitute loan agreement setting the period of exchange to 24 months (hereinafter “instant claim No. 2”); Defendant B jointly and severally guaranteed the instant obligation against Defendant A’s EL branch card.
3) On June 30, 2003, EL cards transferred the instant Claim No. 2 to Nonparty Korea Asset Management Corporation, and sent a notice of assignment on the same day to Defendant A around that time. 4) On May 13, 2005, the Plaintiff, a company operating the business of acquiring and managing the instant Claim No. 1 from Hyundai Capital Capital, and the instant Claim No. 2 from the Korea Asset Management Corporation, respectively, acquired the instant Claim No. 1 from Hyundai Capital Capital, and the instant Claim No. 2 from the Korea Asset Management Corporation, and issued the notice of assignment on June 16, 2005 upon delegation of the power of transfer from Hyundai Capital and the Korea Asset Management Corporation.