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(영문) 서울중앙지방법원 2018.04.12 2017가단5131168
양수금
Text

1. Of the instant lawsuit against the Plaintiff, the loan balance and arrears in the column of 5, 6 in the separate sheet of the bond specification among the instant lawsuit against the Defendants.

Reasons

1. The Plaintiff asserts that, inasmuch as the claim under the part 5 and 6 of the annexed sheet No. 5 and the annexed sheet No. 6 was transferred by the new bank, the Defendant A, the principal debtor, and the joint guarantor, sought payment jointly and severally from the new bank.

In full view of the purport of the pleading in the statement of evidence No. 6 ex officio, the new bank filed a lawsuit against the Defendants on June 27, 2012 by Seoul Central District Court 2012Da72795 of the Claim Statement No. 5 and Paragraph (6) of the Attached Table No. 2012 of the Claim Statement No. 5 and Paragraph (6) of the Attached Table No. 2013, Jun. 27, 2012, “the Defendant jointly and severally pays to the new bank the amount calculated at the rate of 17% per annum from February 18, 2012 to the day of full payment” was sentenced to a favorable judgment and the judgment becomes final and conclusive around that time, and the new bank transferred the above claim to the Plaintiff on June 28, 2013. separate from the fact that the winning party’s successor in the previous suit followed the procedure for granting succession of execution clause on the premise that the title of debt is valid, the title of debt still remains after the expiration of the extinctive prescription period of ten years.

Therefore, this part of the lawsuit is illegal and dismissed.

2. The Plaintiff asserts that the part of paragraphs 1 through 4 of the annexed Table Nos. 1 to the annexed Table Nos. 4 is claims for loans executed by the Industrial Bank of Korea with Defendant A as principal debtor, Defendant B as joint and several sureties, and that the said part was transferred in sequential order and the Plaintiff was the final transferee.

The plaintiffs, however, have taken place social loans from the Korea Industrial Bank of Korea, Doyang-gu Social Loan (hereinafter "the Korea Industrial Bank of Korea").

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