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(영문) 서울중앙지방법원 2016.10.27 2016나19472
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's claim is dismissed.

B. The defendant is the plaintiff.

Reasons

1. Basic facts

A. On March 21, 1995, Non-party B entered into a loan agreement with the Chungcheong Bank Co., Ltd. (which was merged with the Daiung Bank Co., Ltd., Ltd., and the present trade name is the new bank; hereinafter referred to as the "new bank") on February 20, 1998, setting the overdue interest rate of 18% per annum, and received a loan of 14.6 million won per annum. On the same day, the defendant entered into a joint and several guarantee contract for the credit transaction between B and the above new bank.

As of August 31, 2009, the sum of principal and interest as of August 31, 2009 is KRW 12,644,781, and the balance of principal is KRW 3,746,268.

(hereinafter “instant loans”). (b)

On June 30, 2001, the new bank transferred the claim for the instant loan to C&B Investment Loan Co., Ltd. on October 6, 2009 in sequential order. On January 30, 2012, the Plaintiff sent the notice of assignment of claim to C&B Investment Loan Co., Ltd. by content-certified mail to the Defendant’s domicile, and around that time, the notice of assignment of claim reaches the Defendant.

C. On February 17, 2015, C&B Investment Loan Co., Ltd. transferred the instant loan claims to the Intervenor succeeding to the Plaintiff on February 17, 2015, and sent the notice of assignment of claims to the Plaintiff’s Intervenor on February 3, 2016 by content-certified mail to the Defendant’s domicile, and around that time, the notice of assignment of claims was delivered to the Defendant.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 7 (as to the documents of Gap evidence No. 1 of the above evidence, the defendant disputes about the establishment of the appeal, but the defendant also acknowledges that the name and address of the joint and several sureties are written and the defendant's seal impression is affixed, and as long as the defendant's seal impression is affixed and the certificate of seal impression is attached, the authenticity of the whole document shall be ratified).

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