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(영문) 서울동부지방법원 2018.09.12 2018가합103615
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (no dispute exists);

A. On September 30, 2005, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into an membership agreement with the National Agricultural Cooperative Federation (hereinafter “CF”) and obtained a credit card and used the credit card, and Defendant B jointly and severally guaranteed the above credit card use payment obligation as the representative director of the Defendant Company.

B. On April 30, 2007, Defendant Company received loans of KRW 2,000,000,000 from the Agricultural Cooperatives Federation, and Defendant B guaranteed the above loans of KRW 2,400,000,000.

C. Each of the above claims against the Defendants of the Nonghyup Federation was transferred to the Plaintiff via the Nonghyup Bank Co., Ltd. on December 17, 2013.

2. The parties' assertion

A. The Defendant Company’s debt 22,105,930 won (principal KRW 5,989,722), the loan obligation 2,655,622,249 (principal KRW 905,615,162) remains, respectively, and Defendant B guaranteed each of the above obligations. As such, the Defendants are jointly and severally liable to pay the amount stated in the claim to the Plaintiff, the assignee of the above claim.

B. On October 20, 2008, the Defendants NAF agreed to exempt the remainder of the obligations on condition that the Defendants repaid KRW 800,000,000 (hereinafter “instant exemption agreement”). After that, Defendant B paid the NAF amounting to KRW 400,000,000 on October 22, 2008 and KRW 700,000,000 on March 16, 2009, the Plaintiff’s assertion is unjustifiable.

3. Determination

A. According to the evidence evidence Nos. 1 to 5 of this case, it is recognized that on October 20, 2008, the Defendants paid KRW 800,000,000 ( KRW 400,000 up to October 31, 2008, the remainder of KRW 400,000 up to June 30, 2009) by the NAF to fully exempt the remainder of the obligations. Since then, Defendant B paid KRW 400,000,000 to the NAF on October 222, 2008, and March 16, 2009, Defendant B paid KRW 70,000,000 to the NAF.

Therefore, the exemption of this case is exempt unless there are special circumstances.

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