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(영문) 서울중앙지방법원 2016.10.07 2015가단5350279
양수금
Text

1. The defendant shall pay 36,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On March 19, 2005, the Korea Industrial Bank and the Korea Industrial Bank (hereinafter “KB”) filed a lawsuit seeking the performance of joint and several liability obligations against the Defendant on the ground of the joint and several liability claim (hereinafter “instant claim”) transferred in sequence from the Industrial Bank of Korea and the Korea Foreign Partnership (hereinafter “KB Partnership”) (hereinafter “KB Partnership”) as indicated in the attached claim grounds. On November 18, 2005, the Korea Industrial Bank of Korea (this Court Decision 2005No78346) (hereinafter “this Court Decision”) rendered a full favorable judgment of the Korea Social Loan Co., Ltd. (hereinafter “Defendant Co., Ltd.”), which took place on November 18, 2005, to pay KRW 36,000 out of KRW 65,320,653 won (the Defendant jointly and severally with B).

B. On December 1, 2015, the Defendant filed an appeal against the foregoing judgment, and the Plaintiff filed an appeal for succession on the ground that he/she succeeded to the social community of the Eastyang. On June 30, 2016, the appellate court (this Court 2015Na66426) dismissed the Defendant’s appeal on the ground that “the Defendant’s subsequent appeal was unlawful because it did not meet the requirements for subsequent completion,” and accordingly, the Plaintiff’s succession was also dismissed on the ground that the Plaintiff’s succession was unlawful.

C. The Industrial Bank of Korea issued the instant claim against the Defendant to the K non-partnerships; the K non-partnerships were sent to the Dongyang-dong community; the Doyang-dong community was transferred to Tyman Loan Co., Ltd. (hereinafter “Tyman”) in succession to the Plaintiff; each transferor of the instant claim notified the Defendant of the assignment of the claim around November 6, 2013; and the above notification was served to the Defendant around that time.

[Grounds for Recognition] The facts without dispute or significant facts in this court, Gap 2 through 4 (including branch numbers in case of additional number) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant acquired the instant claim in succession to the Plaintiff, barring special circumstances.

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