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(영문) 서울고등법원 2017.09.15 2017나2004704
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the

Paragraph 2 attached the judgment on the argument that the defendant raised in this Court.

2. Determination of the attached articles

A. The defendant's assertion is without merit to accept the plaintiff's claim for acquisition of the principal and interest of the loan of this case for the following reasons.

1) The Saemaul Bank of North Asia (hereinafter referred to as the “Spaneul Bank”) shall be the Saemaul Bank of North Korea.

A) The instant loan agreement between the Defendant and the Defendant was null and void since there was no agreement between the Defendant on the fact that the Defendant is the debtor of the loan. In other words, the Defendant, at the direction of B, signed formally in the instant loan agreement with the Defendant without specific knowledge of the loan terms and conditions. ② A community credit cooperative filed a complaint with the Defendant on the ground that C was the debtor in the form of a debtor in order to avoid the restriction on the limit on the amount of loans extended to the same person to B, and even on this point, it can be known that the community credit cooperative did not lawfully accept the Defendant’s offer of loans that the Defendant did not meet the qualification requirements. ③ A community credit cooperative concluded the instant loan agreement with the Defendant as the actual debtor of the loan. (2) A community credit cooperative and the Defendant are valid.

Even if community credit cooperatives and B, on September 14, 2005, prepared a letter of commitment to the Defendant’s community credit cooperatives to accept the Defendant’s obligation of the principal and interest of the instant loan with exemption from liability, and the Defendant was exempted from liability.

3) The extinctive prescription of the instant loan claim against the Defendant of community credit cooperatives was completed. The Defendant is the Seoul Western District Court case No. 2006Kadan8783 (hereinafter “Prior Case”).

Since the complaint was not served and the law firm did not grant the power of attorney to D, the preceding case is a prior case.

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