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(영문) 서울중앙지방법원 2018.03.28 2017가합21379
양수금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 500,000,00 and the interest thereon from January 19, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 25, 2008, the National Bank of Korea (hereinafter “National Bank”) established and lent KRW 500,000,000 to B Co., Ltd. (hereinafter “B”) as of September 25, 2008, plus 2.03% of the base interest rate, and the due date for repayment as of September 24, 201.

(hereinafter “instant loan”). (b) The instant loan

On September 25, 2008, the Defendant jointly and severally guaranteed the instant loan obligations against the National Bank in the limit of KRW 650,000,000.

(hereinafter referred to as the “joint and several sureties of this case”).

On June 2, 2011, the National Bank entered into an agreement on acquisition of assets that transfer assets including the instant loans to the Joint Asset Management Co., Ltd. (hereinafter “Joint Asset Management”). On June 28, 2011, the Joint Asset Management transferred all the rights and obligations of the Plaintiff to the Plaintiff on June 28, 201.

On June 30, 201 and July 1, 2011, the Plaintiff sent the notice of transfer to the address on the corporate register B twice via content-certified mail, but returned due to the unknown whereabouts, etc., the Plaintiff publicly announced the fact of transfer to the C press and D press on July 13, 201 in lieu of the notice of transfer of claim pursuant to Article 7(1) of the Asset-Backed Securitization Act.

E. On August 23, 2017, the Plaintiff transferred assets, such as loan claims, including the instant loan claims, to the Intervenor succeeding to the Plaintiff. On February 9, 2018, the Plaintiff was notified of the transfer to the Plaintiff on February 24, 2018 in accordance with the above procedure after receiving a decision by public notice on the declaration of intent to transfer the claims to B by public notice from the Changwon District Court Decision 2017Kao482.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 11, and 12, the whole purport of the pleading

2. We examine the judgment as to the cause of the claim. According to the above facts, the defendant, who jointly guaranteed the loan claim of this case within the limit of KRW 650,000,000,00,000, as the plaintiff successor to the last transferee of the loan claim of this case, shall be 500,000,000 as sought by the plaintiff successor to the plaintiff.

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