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(영문) 서울북부지방법원 2018.07.26 2017나39199
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On November 16, 2006, Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. of the first instance trial (hereinafter “A”) determined on November 16, 2006 as the interest rate of 13% per annum, the overdue interest rate of 25% per annum, and November 16, 2008 on the expiration date of the credit transaction agreement (Evidence A No. 1-1) as of November 16, 2008. However, according to the evidence No. 5, it is recognized that the expiration date was the official blank.

The Defendant and B received the loan (hereinafter “instant loan”), and on the same day, the Defendant and B set the limit of guarantee amount to KRW 78 million for the present and future obligations to the Gyeonggi Mutual Savings Bank Co., Ltd., and jointly and severally guaranteed each of them.

B. On June 29, 2010, Gyeonggi Mutual Savings Bank Co., Ltd. transferred the instant loan claims to the Korea Asset Management Corporation, and notified the Defendant of the said assignment of claims twice on July 7, 2010 and on July 14, 2010.

C. On October 24, 2014, the Korea Asset Management Corporation transferred the instant loan claims to OSB Savings Bank. On December 9, 2014, OSB Savings Bank delegated the authority to give notice of the assignment of claims and notified the Defendant of the assignment of claims on or before December 9, 2014.

On November 27, 2015, OSB Savings Bank transferred the instant loan claim to the Plaintiff. On December 28, 2015, the Plaintiff was delegated with the authority to notify the assignment of the claim and notified the Defendant of the assignment of the claim on or before December 28, 2015.

E. The instant loan claims amounting to KRW 152,402,232 in total as of October 4, 2016 (i.e., principal KRW 54,619,781 prior to the acquisition of principal KRW 85,100,187, interest KRW 12,682,264).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant, who is a joint and several surety of the loan claim of this case, shall be jointly and severally with the principal debtor A, unless there are special circumstances.

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