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(영문) 서울중앙지방법원 2017.11.01 2017나41025
양수금
Text

1. Revocation of the first instance judgment.

2. The defendant shall pay 3,700,000 won to the intervenor succeeding to the plaintiff.

3. The plaintiff.

Reasons

1. Determination as to the cause of claim

A. Basic facts (1) B received a loan as follows, and at the time the Defendant, who is the spouse, offered a limited probation guarantee up to KRW 3,700,000.

On December 17, 2015, the Plaintiff (2) received the credit card loan loan loan loan loan loan loan loan loan loan loan loan loan loan interest rate of 2,900,000,000 per annum 25% (2) from the L&B bank, which is an asset management company, from the L&B bank, and notified the Defendant of the fact of the transfer of the credit on July 4, 2005.

On December 2, 12.12.2, 900,000 4,716,8257,616,825 (3) details of the principal and interest of the loan claims against the Plaintiff’s succeeding intervenor B on December 2, 12.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4, 7, 8, 10 (including paper numbers), and the purport of the whole pleadings

B. According to the above facts, the defendant is obligated to pay KRW 3,700,000 to the intervenor succeeding to the plaintiff within the scope of the principal and interest of the loan of this case as a limited collateral guarantor for the loan of this case.

2. As such, the plaintiff's claim by the plaintiff's successor participating in the trial is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. Since the plaintiff's claim is without merit, the judgment of the court of first instance with different conclusions is revoked, and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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