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(영문) 서울중앙지방법원 2015.12.11 2015가단5315566
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 120,798,865 and the interest rate of KRW 15% per annum from October 2, 2015 to the date of full payment.

Reasons

1. The defendant does not dispute the plaintiff's cause of claim, such as the annexed sheet, or it may be acknowledged by adding up the whole purport of the pleading to the entries in Gap evidence 1 through 6.

2.(a)

When the claim of this case is transferred twice, the Defendant asserted that the fact of transfer was notified to B, which is the principal debtor, and that she cannot respond to the Plaintiff’s claim because she had no notification of transfer.

B. However, unless otherwise stipulated by the parties, if a claim against the principal obligor is transferred due to the subsidiary nature or accompanying nature of the principal obligation, the obligation to guarantee the principal obligor shall also be transferred along with the surety’s claim. In this case, the requirements for setting up against the transfer of the obligation shall be satisfied if the obligation satisfies the requirements for setting up against the principal obligation, and it is not necessary to separately set up the requirements for setting up against the guaranteed obligation (see, e.g., Supreme Court Decision 2002Da21509, Sept. 10,

3. The plaintiff's claim is accepted.

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