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(영문) 서울북부지방법원 2019.07.23 2018가단100400
양수금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. On August 30, 2017, the Intervenor (hereinafter “ Intervenor”) sent to the Defendants a notice of notice that the Plaintiff’s Intervenor (hereinafter “the Intervenor”) shall transfer to the Plaintiff a claim KRW 75 million in total (hereinafter “instant loan”) as stated in Chapter Four (Evidence Nos. 4 through 7) of the loan certificate as follows (Evidence No. 2).

The prior notice of transfer is written by both the transferor C and A as "F and G" in Seoul Special Metropolitan City, Nowon-gu.

The above money shall be borrowed in the above contents on 3% of the interest monthly, and on 12 February 2004 on 12th of 2004 from the date of due date for repayment of the above money shall be borrowed as the daily living expenses of the principal, i.e., the daily living expenses of the principal.

Defendant E, a joint and several surety for Defendant D, the surety for the surety of the surety, has some differences only in the location, placement, preparation, etc. of letters, and the contents are identical.

On August 13, 2008, 3% of interest per month, and on August 13, 2008, the above money shall be borrowed as above, and the above money shall be borrowed as the daily living expenses of the principal, i.e., all of his family life expenses.

Defendant E, a joint and several surety of Defendant D

B. As the preceding notice of transfer was not served on the Defendants, the Intervenor C filed an application for service by public notice of declaration of intent on September 26, 2017 (U.S. District Court Decision 2017Kaga10061). On the application, the Intervenor stated his/her address as “F and G in Seoul Special Metropolitan City, Nowon-gu.”

In the above procedure of application, the notice of transfer of the instant loan claim was served on November 16, 2017 to the Defendants, and the entry of the bond transfer contract (Evidence A 3, hereinafter “the prior contract”) dated August 7, 2017 on the instant loan claim delivered at the time is as follows.

transferor: The Intervenor C transferee: The claim to be transferred to Plaintiff A.

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