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(영문) 서울중앙지방법원 2017.01.20 2016가단5032066
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. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, and 3.

The defendant A Co., Ltd. and the network E of the Bank of Korea (the Han-il Bank was merged with the Korean Commercial Bank on Jan. 4, 1994, and changed its trade name to Korea Light Bank as of May 20, 2002; hereinafter "Korea Bank") entered into a payment guarantee transaction agreement with the defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") on March 15, 1995 without setting the guarantee limit and transaction period, and loans money from time to time to time to the defendant Co., Ltd.

(hereinafter “instant loan”). The Sheet E agreed to repay the instant loan to the Defendant Company within the limit of KRW 910,000,000 with respect to the instant loan on the same day.

B. (i) On March 30, 2002, under the Asset-Backed Securitization Act, our bank transferred the instant loan claim (principal principal KRW 344,437,210) to a limited-liability company specialized in the financial structure of Korea, and notified the Defendant company of the said transfer on April 27, 2002.

B. On February 14, 2003, 2003, the limited liability company specializing in the third-party securitization of our financial system transferred the instant loans (principal principal amount of KRW 283,167,204) to the promotion mutual savings bank, and notified the Defendant Company of the said transfer on February 27, 2003.

On June 15, 2011, a mutual savings bank promotion company transferred to the Plaintiff the instant loan claim (total of KRW 1,128,127,659, including principal, KRW 283,167,204). On December 2, 2011, the Plaintiff was delegated with the authority to notify the assignment of claims by the promotion mutual savings bank and notified the Defendant company of the said transfer.

C. The plaintiff's defendant.

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