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(영문) 수원지방법원 2016.12.01 2016가단506898
양수금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Defendants received a loan from each of the following lending institutions and did not pay part of the loan. On November 12, 2002, Defendant A 221,100 won, Hyundai Card Co., Ltd., Ltd., Ltd., which is a joint surety of the principal debtor of the loan institution, on February 27, 2003, Defendant A 1,664,531 won, and the Plaintiff acquired a total of the principal and interest loans from Defendant A 783,378 won, 54 won, and Samsung Card Co.,, Ltd., Ltd., Ltd. on June 27, 2003, with the exception of Defendant A 1,000,000 won and KRW 3,000,000 from Defendant A 1,664,531 won and the principal and interest loans from Defendant C8, 378,545,54,500 won and Samsung Card Co.,, Ltd., Ltd., Ltd., Ltd., on June 27, 19, 2005.

Each of the above lending institutions notified the Defendants of the assignment of claims on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 17 (including a branch number if a branch number is included; hereinafter the same shall apply). Each part of the joint and several surety evidence Nos. 3, 11, 16-1, and 17-1 of the evidence Nos. 16-1 is based on the joint and several surety evidence Nos. 3, 11, 16-1, and 17-1, since there is no dispute between the parties, the entire document is presumed to have been authentic. The defendants have a defense that the above joint and several surety part was forged, but there is no evidence

B. According to the above facts of recognition, barring special circumstances, Defendant A and Defendant B are jointly and severally liable to pay to the Plaintiff, Defendant A and Defendant B, KRW 13,459,229, and jointly and severally liable to pay KRW 8,664,531, and Defendant A and Defendant C jointly and severally liable to pay KRW 2,004,478 ( KRW 21,100,000, KRW 783,378) and Defendant B’s KRW 16,489,039 ( KRW 15,519,039, KRW 970,000).

2. The defendant.

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