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(영문) 서울중앙지방법원 2017.06.27 2016가단5252464
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 50,000,000 and Defendant A with full payment from January 11, 2017.

Reasons

1. Determination as to the claim against Defendant A

A. The facts stated in the separate sheet may be acknowledged as either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 3.

Therefore, Defendant A is obligated to pay the Plaintiff the money stated in Section 1 of the Disposition.

B. Defendant A asserted that Defendant B, the primary debtor, performed the entire obligation. However, the Plaintiff’s claim of this case is a claim for the full transfer of the loan claim of Gyeongnam Bank, Inc., and the primary debtor of the above loan claim is not only Defendant B but also Defendant A, and there is no evidence as to the repayment of the obligation. Therefore, the above claim is rejected.

2. Determination as to the claim against the defendant B

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

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

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