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(영문) 서울중앙지방법원 2017.09.08 2017나11604
양수금
Text

1. The part against Defendant B in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. Defendant A made financial transactions as follows, and as of January 3, 2014, the principal and interest of obligations as of January 3, 2014 are as listed below.

Defendant B guaranteed the loans listed in No. 1.

Serial On December 4, 2002, National Credit Card Co.,, Ltd. (Guarantee Co., Ltd.) 1 National Credit Card Co., Ltd. (Credit Card Co., Ltd.) 3, 2001, May 37, 2001, May 37, 7, 70303, 8341, 6345, 6349, 9,029, 411, 65, 65, 491, 06, 618, 6182, 664, 192, 202, 192, 205, 192, 297, 194, 197, 305, 137, 1964, 197, 305, 197, 194, 205, 197, 197, 197

B. On August 29, 2003, the New Co., Ltd. filed a lawsuit against Defendant A seeking the payment of loans set forth in the above No. 4 No. 13506 against the District Court Decision 2003Da35066, and won the judgment of the court below on February 16, 2004. The above judgment became final and conclusive on March 4, 2004.

C. On April 22, 2005, the New Co., Ltd. filed a lawsuit against Defendant A seeking the payment of the loans set forth in the above No. 3 No. 5335, Nov. 7, 2005 against the District Court Decision 2005Da23722, and received the judgment in favor of the Plaintiff on Nov. 7, 2005. The above judgment became final and conclusive on Nov. 29, 2005.

The National Bank of Korea (the Korea Housing and Commercial Bank Co., Ltd. was merged on November 1, 2001, and the merger of the National Credit Card Co., Ltd. was made on October 1, 2003; hereinafter “National Bank”) filed a lawsuit against the Defendants for the payment of loans set forth in the Nos. 1 and 2 on December 27, 2007 (with respect to Defendant B, sought the performance of the joint and several surety obligation as to the loans set forth in the No. 1 No. 5) and received the judgment in favor of the Plaintiff on March 12, 2008, and the above judgment became final and conclusive on April 15, 2008.

E. Meanwhile, on March 2, 2011, KB National Card Co., Ltd.: (a) divided part of the Company into the Company and established the KB National Card; and (b) the claims listed in Nos. 1 and 2 of the preceding paragraph are Co., Ltd.

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