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(영문) 서울중앙지방법원 2018.07.13 2017나91976
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the plaintiff's assertion B obtained a loan from the Industrial Bank of Korea, and the defendant jointly and severally guaranteed the above loan obligation.

B, as of March 3, 2017, the principal and interest payment of the above loan were in arrears, the total of KRW 15,974,159, interest KRW 34,475,084, and KRW 50,449,243 as of March 3, 2017 remains.

The Industrial Bank of Korea on December 14, 2004 to the Korea Industrial Bank of Korea specialized in asset-backed securitization; on September 20, 2007, to the Korea Industrial Bank of Korea specialized in asset-backed securitization; on October 20, 201, to the Korea Industrial Bank of Korea specialized in asset-backed securitization; on October 20, 201, to the Korea Industrial Bank of Korea specialized in debt-backed specialized; on July 26, 2011, to the Korea Industrial Bank of Korea to manage its assets as a limited liability company; on September 27, 2011, to the Korea Industrial Bank of Korea, to the Korea Industrial Bank of Korea, to the Korea Industrial Bank of Korea, on May 15, 2015; and on March 3, 2017, to the Plaintiff, the Korea Industrial Bank of Korea transferred each of the above loans to the Plaintiff, and the Plaintiff was notified of the transfer of each of the loans to B and the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff, the assignee of the above loan claims, the interest rate of KRW 50,449,243 as well as the interest rate of KRW 15,974,159 as the interest rate of KRW 20% per annum from March 4, 2017, which is the day following the above calculation base date until the day of full payment.

2. First of all, the defendant's joint and several surety of the loan transaction agreement dated June 3, 2002, the joint and several surety part of the loan transaction additional agreement dated June 3, 2002, the loan transaction additional agreement dated March 10, 2001, and the joint and several surety part of the loan transaction agreement dated March 10, 2001 cannot be admitted as evidence, since there is no evidence to acknowledge the authenticity.

On the other hand, considering the statement No. 4 in addition to the purport of the entire argument, it is one of the assignee of the instant claim before the instant loan claim is transferred to the Plaintiff.

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