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(영문) 서울중앙지방법원 2017.11.22 2017가단63338
면책확인의 소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. (1) On August 31, 2007, the Defendant Han-il loan acquired the credit card payment claim against the Plaintiff from the National Card Co., Ltd.

(2) The Defendant Han Daily Loan Co., Ltd. filed a lawsuit against the Plaintiff as Seoul Central District Court Decision 2008Da2568381, and rendered a favorable judgment from the above court. The said judgment became final and conclusive around that time.

B. (1) The Plaintiff jointly and severally guaranteed each of the obligations of B and C in obtaining a loan from the Light Bank Co., Ltd. (hereafter, “Korea Bank”) (hereafter, “Korea Bank”).

(2) On February 14, 2003, Korea Bank Co., Ltd.: (a) transferred to a limited liability company specializing in our financial system; (b) the said limited liability company to the promotional mutual savings bank on the same day; and (c) on June 15, 201, the promotion mutual savings bank Co., Ltd. transferred each claim for loans B and C to the Defendant Nice Loan Limited Company; and (d) each transferor notified B and C of the transfer of claims

(3) On April 24, 2009, the promoting mutual savings bank filed a lawsuit against B and the Plaintiff seeking the payment of loans under Seoul Central District Court 2009 Ghana 1681219. The said court rendered a decision of performance recommendation ordering the Plaintiff to pay the deposit, and the said decision was served on the Plaintiff on May 14, 2009, and became final and conclusive on May 29, 2009.

On January 12, 2016, Defendant Uibya Loan Co., Ltd. that acquired the above loan claims was granted by the Seoul Central District Court to the Plaintiff’s succession execution clause.

(4) On March 25, 2010, a promoting mutual savings bank filed a lawsuit against C and the Plaintiff seeking a loan with the Seoul Central District Court 2010 Ghana437170. The said court rendered a decision of performance recommendation ordering the Plaintiff to pay a security deposit and served on the Plaintiff on April 5, 2010, which became final and conclusive on April 20, 2010.

On January 13, 2016, Defendant Uibya Loan Co., Ltd. that received the above loan claims is against the Plaintiff from the Seoul Central District Court.

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