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(영문) 서울북부지방법원 2014.12.17 2014가단122235
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 42,142,057 and KRW 36,235,220 among them, from June 13, 2014 to October 8, 2014.

Reasons

Defendant A received 43 million won from Han Bank on April 26, 2010 as corporate driving general funds. At the time, Defendant B, the husband of the above Defendant at the time, jointly and severally guaranteed the above loan obligations; Han Bank transferred the above loan claims to Korea on September 27, 2012 to Han F&A Specialized Asset Securitization Co., Ltd.; on June 26, 2013, the above securitization specialized company received dividends of KRW 2,028,450, interest KRW 8,40,40, KRW 664,780, and KRW 250, KRW 2750, KRW 275, KRW 47, and KRW 206, KRW 275, KRW 450, KRW 275, KRW 465, and KRW 25,000, KRW 275, KRW 364,541, and KRW 275,541, and the Plaintiff transferred the above loan claims to the Plaintiff on May 27, 27, 2014, 2014.

As seen earlier, Defendant B asserted that the above loan claim was not notified of the assignment of claims at all during the pre-transfer process, and thus, Defendant B cannot comply with the Plaintiff’s claim. However, as the principal obligor’s claim is an incidental or incidental nature to the principal obligation, if the claim against the principal obligor is transferred, the obligation to the surety is also a claim against the principal obligor unless otherwise stipulated by

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