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(영문) 서울남부지방법원 2016.07.07 2015가합4253
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 100,000,000.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. On September 5, 1995, Korea Mutual Savings and Finance Company Co., Ltd. loaned 350,000,000 won at maturity to C on September 5, 1998.

B. On June 30, 199, the Plaintiff acquired the above loan claims against D from the Korea Mutual Savings and Finance Company, and registered assets including the above loan claims as securitized assets in accordance with Article 3 of the former Asset-Backed Securitization Act (amended by Act No. 6073, Dec. 31, 1999). On August 28, 1999, the Plaintiff announced the fact that the above loan claims were acquired under Article 7 of the same Act in the newspaper.

C. C died on October 23, 2006, and Defendant A succeeded to the above loan obligation of Defendant C.

Current claim for the above loan remains 230,250,191 won.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant A, Defendant A is obligated to pay KRW 100,000,000 to the Plaintiff who acquired the above loan claim as sought by the Plaintiff out of the above loan.

3. In full view of the purport of the oral argument as to the claim against Defendant B, the above recognition and the evidence No. 1 (a written agreement for a loan for consumption, Defendant B is disputing the establishment of the petition, but in addition to the purport of the entire pleadings as to the appraiser D’s appraisal, it is recognized that the stamp image attached to the above monetary loan contract is identical to the stamp image affixed to the above Defendant’s certificate issued on June 19, 1995 (Evidence No. 6-1), and there is no counter-proof, and the above written agreement for a loan for consumption is presumed to have been established as a whole, and there is no counter-proof, so the above written agreement for a loan for consumption for consumption for money is presumed to have been established as a joint and several surety of the above loan obligation of Defendant B to the Korea Peung Mutual Savings and Finance Company Co., Ltd. on September 5, 1995. Thus, Defendant B is jointly and severally liable with Defendant A to pay KRW 10,000,000

4. Conclusion.

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