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(영문) 서울중앙지방법원 2014.09.17 2013가단5165163
양수금
Text

1. Defendant A shall pay to the Plaintiff KRW 37,416,09 and KRW 23,115,415 among them, from November 18, 2013 to the date of full payment.

Reasons

1. Plaintiff’s claim against Defendant A

A. On June 21, 2001, the indication of the claim against Defendant A by the Yangyangsan Agricultural Cooperative (hereinafter “Nonindicted Bank”) and the amount of KRW 30 million (the Nonparty Bank shall transfer the above loan claims to the Plaintiff on June 28, 201, and notify Defendant A of the fact on December 2, 2013)

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. The plaintiff's claim against the defendant Eul asserted that the defendant Eul jointly and severally guaranteed the above loan obligation against the non-party bank of the defendant Eul. Thus, since the defendant Eul, Eul's evidence Nos. 3 and 6 (each loan transaction agreement) cannot be used as evidence since there is no evidence to acknowledge the authenticity of the above loan obligation against the defendant Eul (the defendant Eul denies the authenticity of the above evidence in the response, and the evidence (the evidence No. 4 and 6) which the plaintiff submitted with the above defendant's identification card in relation to the establishment of the authenticity cannot be identified as the above defendant's identity). The plaintiff's claim against the defendant Eul is insufficient to acknowledge the above facts only with the evidence Nos. 1-1, 2, 2, 2 and 5, and there is no other evidence to acknowledge it (In addition, since the defendant Eul failed to receive any claim from the creditor for more than 10 years after the execution of the above loan, it cannot be asserted that the plaintiff's claim was extinguished by prescription, and there is no evidence to acknowledge the plaintiff's claim against the above loan expiration period.

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