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(영문) 대전지방법원 2018.01.09 2017가단7689
양수금
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

Basic Facts

A. D determined and lent to Defendant B a total of KRW 40 million by January 2003 as interest rate of KRW 3% per month.

(hereinafter “instant loan”). (b)

Defendant B delivered to D, January 6, 2013, a certificate of borrowing of the following contents with respect to the instant loan, and the seal is affixed to the name of Defendant B’s name, next to the name of Defendant B and the name of Defendant C (Defendant B’s AC) indicated in the “Surety” column.

40,000,000 shall be borrowed on a monthly basis, and the interest shall be fixed on a monthly basis.

on the 6th day of December 2003 by the borrower, CD Ha in the name of the borrower.

C. In around 2008, the Plaintiff introduced Defendant C as the Defendant’s fraud, and presented the above loan certificate and demanded the repayment of debt. However, Defendant C refused the Plaintiff’s request on the ground that the above loan certificate was irrelevant to himself.

D around January 2017, 2017: (a) drafted a “transfer and takeover agreement” with the purport that the Plaintiff transfers the instant loan claims to the Plaintiff; and (b) sent a “transfer notification” to the Defendants to the effect that the instant loan claims were transferred to the Plaintiff by way of content-certified mail.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1-2, Eul evidence No. 1-2, Eul evidence No. 2-1 and Eul evidence No. 2, witness Eul's testimony, and the purport of the whole pleadings, Eul lent 40 million won to the defendant Eul. The defendant C guaranteed the above loan obligation against defendant Eul, and D transferred the loan claim of this case to the plaintiff around August 2008.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 40 million won and interest or delay damages.

The assignment of claims by the Defendants against the Plaintiff is the assignment of claims, the main purpose of which is to allow litigation.

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