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(영문) 서울중앙지방법원 2015.07.07 2014가단5342646
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. Defendant A, under Defendant B’s joint and several guarantee, bears the obligation of a loan by entering into a multiple monetary loan agreement with the Industrial Bank of Korea, and did not pay the principal and interest of the loan at the due date, thereby losing the benefit of time due to long-term delay, etc., and at present, Defendant A bears the obligation of KRW 46,309,113, interest accrued from the loan, interest accrued at the due date.

B. The Industrial Bank of Korea transferred the principal of the loan, interest claim, and all related rights to the foregoing loan to a limited company specializing in asset-backed securitization, combined asset management company, U&A loan limited company, and X-AB loan to the company, and finally transferred the loan to the company future savings bank on October 10, 2013 according to the asset acquisition agreement.

The above assignment of claims was notified to the Defendants as a certificate with a fixed date.

The plaintiff was appointed as a trustee in bankruptcy of the future savings bank that was declared bankrupt.

2. The following facts are sufficient to be acknowledged: (a) the statement in the card No. 1 to No. 4; (b) the Industrial Bank of Korea’s financial transaction information reply results (the Bank and A sold the relevant bonds to a combined asset management company although there exists a loan agreement between the Bank and A); (c) the loan agreement between the Bank and the Defendant A; (d) the joint and several surety agreement between Defendant B; (e) the Industrial Bank of Korea transferred the bonds to a limited-liability company specialized in the mass securitization; (e) the fact that the future savings bank, a stock company, acquired its claims

In addition, it is difficult to accept the Plaintiff’s assertion that Defendant A received loans from the Industrial Bank of Korea and the balance of the principal intended cannot be specified in detail.

3. Therefore, the plaintiff's claim of this case is dismissed as it is without merit.

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