Korea Asset Management Corporation (Attorney Kim Young-young, Counsel for defendant-appellant)

Defendant 1 and one other

Incheon District Court Order 2004Gahap8124 dated April 20, 2005

All of the instant appeals are dismissed.

The decision of the first instance shall be revoked.

1. Fact-finding;

According to the records, the following facts are proved.

A. The National Bank Co., Ltd. (hereinafter “National Bank”) concluded a monetary loan agreement on December 29, 190 with Defendant 1, and lent KRW 62 million to Defendant 1.

B. The National Bank and Defendant 1 approved that the credit transaction terms and conditions apply at the time of the conclusion of each of the above agreements and contracts (hereinafter “each of the instant agreements”). Article 20 of the said terms and conditions provides that “When a lawsuit is required between the bank and the debtor, the guarantor, or the surety with respect to the credit transaction based on this terms and conditions, the district court having jurisdiction over the location of the transaction location of the bank shall be the competent court: Provided, That where a non-performing claim is created due to the debtor’s fault, and the bank transfers its claims management to the head office, regional head office, or other business offices for the management of the claim, it shall be the competent court as well as the transferred head office, regional head office, or district court having jurisdiction over the location of another

C. Upon delay of each of the above claims against Defendant 1, the National Bank transferred the claims against the Defendants to the Plaintiff on September 30, 1998, and notified the Defendants of each of the claims assignment on November 10 of the same year.

D. The Plaintiff filed a lawsuit claiming the amount of money (hereinafter “instant lawsuit”) against the Defendants on April 20, 2005 against the Incheon District Court 2004Gahap8124, and the lower court rendered a decision to transfer the instant lawsuit to the Jung-gu District Court in which Defendant 1’s general forum was located due to the lack of jurisdiction on April 20, 2005.

2. The assertion and judgment

The Plaintiff asserts that the decision of the first instance court shall be revoked unfairly, since the Plaintiff succeeded to the validity of the additional jurisdiction agreement pursuant to Article 20 of the Credit Transaction Terms and Conditions applicable to each of the instant agreements by acquiring the claims against the Defendants under each of the instant agreements from the National Bank, and the “the occurrence of defective claims due to the obligor’s fault” as stipulated in the aforementioned terms and conditions, and the Plaintiff’s Incheon Branch Office, which was transferred to the Defendant’s claims management business with respect to

In this case, which is merely a transfer of a contractual claim, not a takeover of contractual status, the validity of the jurisdiction agreement accompanied by the contract, shall not be succeeded to the assignment of claims, and there is no evidence supporting that the Incheon branch office of the plaintiff is the principal office or the business office of the plaintiff. Thus, the court of first instance does not have jurisdiction over the lawsuit of this case.

3. Conclusion

Then, the decision of the first instance court is legitimate with its conclusion, so the plaintiff's appeal is dismissed. It is so decided as per Disposition.

Judges Clerks (Presiding Judge)