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(영문) 의정부지방법원고양지원 2014.09.04 2013가단18984
양수금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The Plaintiff’s assertion C lent KRW 70,000 to the Defendant, and on November 8, 2012, transferred the Plaintiff’s loan claim against the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff, the transferee of the claim, KRW 70,000,000, and damages for delay.

2. Determination

A. According to the evidence evidence evidence Nos. 2 and 3, it is recognized that C sent to the Defendant by content-certified mail a written contract regarding the assignment of claims for loans of KRW 70,000,000 to the Defendant, the Defendant’s primary debtor, the Defendant’s joint guarantor, for November 8, 2012, transfer the claims for loans of KRW 70,000,000 to the Plaintiff, and the Defendant received notification of the transfer on November 14, 2012.

B. Furthermore, in light of the following: (a) whether C had a loan claim amounting to KRW 70,00,000 against the Defendant; (b) whether C had a loan claim amounting to KRW 70,000,000, it is insufficient to acknowledge that C had a loan claim amounting to KRW 70,000 against the Defendant, and there is no clear evidence to acknowledge otherwise, in view of the following: (a) whether C had a loan claim amounting to KRW 70,00,000,000; (b) whether C had a loan claim amounting to KRW 10,000,000,000, around July 201, 2010, the date on which C’s certificate was prepared, and there is no evidence to acknowledge otherwise.

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

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