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(영문) 서울중앙지방법원 2015.01.23 2014가단5038107
양수금
Text

1. Defendant A’s interest rate of KRW 28,00,326 and KRW 8,038,829 among the Plaintiff shall be from January 29, 2014 to the day of full payment.

Reasons

1. The cited part to Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. The dismissed part against the Defendants

A. The Plaintiff’s assertion on March 18, 200, lent KRW 20,000,00 to Defendant A on the same day, and the Industrial Bank of Korea guaranteed the Defendant A’s obligation to the Industrial Bank of Korea within the limit of KRW 24,000,000 on the same day. The Industrial Bank of Korea established a joint and several loan to Dongyang Social Loan Co., Ltd., Ltd., to Dongyang Yangyang Financial Co., Ltd., to Hyyangyang Financial Loan Co., Ltd., Ltd., on April 30, 2012, Tent money Loan Co., Ltd. transferred the Plaintiff’s obligation to the Plaintiff on April 30, 2012, and the balance of the loan was KRW 19,371,966, and the attempted interest as of January 28, 2014 was KRW 36,091,830.

B. The plaintiff's assertion is without merit, since there is no evidence to prove that the Industrial Bank of Korea has given notice to the defendant A, the principal debtor, of the transfer of the above loan claims to the social loan company of Yangyang-dong.

3. According to the conclusion, the plaintiff's claim of this case against the defendant A is justified within the scope of the above recognition, and the remaining claim against the defendant A and the claim against the defendant B are without merit.

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