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(영문) 서울서부지방법원 2017.09.08 2017가단220976
양수금
Text

1. The defendant shall pay to the plaintiff KRW 28,171,37 out of KRW 74,756,52 and the above money from March 22, 2007 to the day of full payment.

Reasons

1. The facts of the plaintiff's cause of claim as to the plaintiff's claim are as shown in the attached Form No. 1 and No. 5, and the facts of the plaintiff's cause of claim can be acknowledged by comprehensively considering the overall purport of arguments and arguments. Thus, the defendant is obligated to pay the plaintiff the money as stated in Paragraph 1 of this Article

2. Judgment on the defendant's assertion

A. Although the Defendant contests to the purport that there is no notification of the transfer of the claim, the notification of the transfer of the claim to the principal debtor to the Defendant as the guarantor is also effective (see, e.g., Supreme Court Decision 75Da1100, Apr. 13, 1976). The Defendant’s assertion cannot be acknowledged on the grounds that the national bank transferred the claim of this case to Solomon Mutual Savings Bank on Nov. 4, 2004 and that Solomon Savings Bank notified the Plaintiff on Apr. 26, 201 that Solomon Savings Bank notified the fact that it transferred the claim of this case to the Plaintiff on Apr. 26, 201.

B. The defendant asserts the completion of the extinctive prescription, thereby blining.

① While the Plaintiff filed the instant claim based on the Defendant’s joint and several guarantee claim against B of the National Bank of Korea, which is the basis of the instant claim, the Defendant changed the basis of the instant claim to the bonds based on the payment order finalized on July 3, 2007, based on the defect of defense based on the completion of the extinctive prescription, the change of the ground of claim in the pending litigation, and the ground of the instant claim into the bonds based on the above loan claim. ② The starting point of the extinctive prescription period for the loans against B of the National Bank of Korea to the National Bank of Korea is the largest cause, (3) the extinctive prescription period for the loans against B of the National Bank of Korea was interrupted by the payment order finalized on July 3, 2007, and (4) the payment order that became final and conclusive as above.

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