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(영문) 서울중앙지방법원 2015.11.11 2015나27889
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 9,166,046 and KRW 4,779 among them.

Reasons

1. Indication of claim;

A. On May 21, 2008, the Defendant borrowed KRW 5 million from the Korean bank, but failed to repay it. Our bank transferred the above claim to Hyundai SBI2 Savings Bank, Inc. (hereinafter “SBI2 Savings Bank”), and Hyundai SS2 Savings Bank transferred the above claim to the Plaintiff.

As of August 3, 2014, the above claim against the Defendant by the Plaintiff as of August 3, 2014 is the principal amount of KRW 4,779,375, and KRW 4,386,671, and KRW 9,166,046.

B. Around December 17, 2009, the Defendant borrowed KRW 8 million from Busan and a loan company, but failed to repay the loan. The Busan and a loan company transferred the above claim to the Dai loan company, and the Doi loan company transferred the above claim to the Doi loan company. The Doi loan company transferred the above claim to the Plaintiff.

As of August 3, 2014, the above claim against the Defendant by the Plaintiff as of August 3, 2014 is KRW 643,628, and KRW 876,258, in total, KRW 1,519,886.

C. The Defendant borrowed KRW 10 million from a corporate bank and used it, but failed to repay it, and the corporate bank transferred the above claim to the Plaintiff.

As of August 3, 2014, the above claim against the Defendant by the Plaintiff as of August 3, 2014 is the principal amount of KRW 2,602,956, and KRW 1,878,556, plus KRW 4,481,512.

On February 2, 1996, the defendant made the insured as Dongyang Fire Marine Insurance Co., Ltd. and entered into a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. with the content of the insurance amount of KRW 14,30,000,000, the insurance period from February 29, 1996 to April 29, 1997, and the content of the guarantee as the guarantee insurance loan. On February 1997, the insured as the Dongyang Fire Marine Insurance Co., Ltd. and the Seoul Guarantee Insurance Co., Ltd. entered into a guarantee insurance contract with the content of the guarantee as the guarantee insurance loan.

Seoul Guarantee Insurance Co., Ltd. is the above guaranty insurance contract.

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