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(영문) 서울중앙지방법원 2017.11.22 2017가단74659
양수금(시효연장)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 159,267,82 and KRW 60,000 among them, from August 16, 2007 to September 15, 2015.

Reasons

1. According to the evidence Nos. 1-12 of the judgment as to the cause of the claim, the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) loaned KRW 200 million to the Defendant Company A (hereinafter “Defendant Company”) on October 28, 2002, and Defendant B and C jointly guaranteed the Defendant Company’s above principal and interest loan amounting to KRW 260 million. ② The Seoul Central District Court Decision 2007Ga2145 delivered on September 12, 2007 was finalized on November 27, 2007, and ③ the claim of this case was established on June 17, 2004 to the Korea Exchange Bank specialized in foreign exchange financing, and on January 25, 2006, to the Korea Exchange Bank Co., Ltd. (hereinafter “Defendant Company”); and Defendant B and C jointly guaranteed the Defendant Company’s above principal and interest loan amounting to KRW 260 million; and ② the Seoul Central District Court Decision 2007Da2145 delivered on September 12, 20007.

Therefore, the Defendants are jointly and severally liable to pay the money stated in Paragraph (1) of this Article to the Plaintiff as part of the Plaintiff’s claim.

2. The defendants asserted that the plaintiff's claim is improper since they failed to receive the notification of the above assignment of claims from time.

The notification of the assignment of claims to the defendant is a notification of the concept that the transferor transferred the claim to the debtor (see, e.g., Supreme Court Decision 94Da19242, Dec. 27, 1994); (1) according to each of the above evidence; and in particular, according to the evidence No. 4-6, the Mayang social, which transferred the claim based on the above final judgment to the plaintiff on November 1, 2010; (2) on November 16, 2010, notified the defendant of the assignment of claims to the defendant company by means of content-certified mail; and (3) on November 29, 2010, the defendant notified the transfer of claims to the defendant B and C by content-certified mail; and (2) the defendants received the evidence No. 4 during the lawsuit of this case.

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