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(영문) 서울중앙지방법원 2015.02.04 2014가단5169681
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On June 1, 2001, Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) borrowed KRW 361,000,000 from the Seoul Bank (which was merged with Han Bank, A) and KRW 30,000 from the Han Bank (hereinafter “ Han Bank”) around July 16, 2003, respectively, and entered into a contract of transfer of security between Han Bank and one Bank that set the limit of security at KRW 470,000,000. Defendant B guaranteed each of the above loans by Defendant A.

(b) The Han Bank transferred each obligation to Defendant A to Solomon Mutual Savings Bank.

C. On November 29, 201, Solomon Mutual Savings Bank transferred each of the claims against Defendant A to the Plaintiff on or around November 29, 201, and notified Defendant A of the transfer of claims on or around June 5, 201. The above claims for loans are KRW 180,965,738 as of May 26, 2014 (i.e., principal amount of KRW 49,194,367, KRW 131,71,371).

2. In the judgment, one bank transferred each credit against Defendant A to Solomon Mutual Savings Bank.

The plaintiff's assertion is without merit, since there is no evidence to prove that it was notified to Defendant A as the principal obligor.

3. According to the conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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