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(영문) 서울중앙지방법원 2016.11.17 2016가단5080874
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On December 8, 1994, Defendant A borrowed KRW 20,000,00 from the Peace Bank Co., Ltd. (Korean Commercial Bank Co., Ltd. prior to the merger), and Defendant B guaranteed the above loan obligations.

Since then, the above loan claims were transferred to the plaintiff via a limited company specializing in Korean financial system and a promotion mutual savings bank.

Therefore, the Defendants are obligated to pay to the Plaintiff, the assignee of the above loan claim, the balance of the principal and interest of the above loan claim KRW 127,630,857 and delay damages for the principal amount of KRW 25,634,097.

2. In addition to the statement in Gap evidence No. 1, the court below acknowledged that defendant A obtained a loan of KRW 20,000,000 from the Korean Commercial Bank on December 8, 1994 under the joint and several sureties's joint and several sureties, but it is not sufficient to acknowledge that the plaintiff acquired the above loan credit solely with the statement in the evidence No. 2 and No. 3, and there is no other evidence to prove otherwise.

Therefore, the claim of this case based on the premise that the plaintiff is the transferee of the above loan claim is without any need to examine the remainder of the claim.

3. Conclusion, the plaintiff's claim against the defendants of this case is dismissed in its entirety since it is without merit. It is so decided as per Disposition.

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