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(영문) 서울중앙지방법원 2018.02.07 2017가단5120731
양수금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 97,790,679 and KRW 77,001,760 among them, Defendant A Co., Ltd.

Reasons

1. In full view of the purport of the entire pleadings as to the statement of No. 1 of the judgment as to the cause of the claim, the defendant is obligated to pay the plaintiff the money set forth in paragraph (1) of this Article.

2. The Defendants asserted that the Defendants did not properly perform the notification procedure of the assignment of claims of this case, and that they could not respond to the Plaintiff’s claim on the ground that they were paid the principal and interest of the instant case through the auction procedure of real estate rental.

However, according to the evidence Nos. 3 and 4, on December 30, 2013, the Industrial Bank of Korea, the original creditor, sent a notice of assignment of claims by content-certified mail to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), the primary debtor, and on September 11, 2017, in the instant lawsuit, it can be acknowledged that the above content-certified mail (Evidence No. 3) was served to the Defendants.

In addition, according to the evidence evidence evidence Nos. 6-8, the principal and interest obligation of this case, which was received by the Plaintiff, can be acknowledged as remainder of money as stated in the purport of the claim as of May 8, 2017, and there is no other evidence to prove that additional repayment remains. In addition, this case’s interest and interest obligation remains as of October 8, 2014, the amount of dividends 43,569,773 won in the case of D's auction of real estate C's real estate rental, which was received by the Plaintiff.

Therefore, the above assertion by the Defendants is without merit.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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