logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.05.28 2014가단5281154
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 21,252,025 and KRW 6,114,551 among them:

B. Defendant D is subject to KRW 91,813,041.

Reasons

1. Claim against Defendant D

(a) Indication of claims: Defendant D in the separate sheet of the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Claim against the defendant A;

A. In full view of the purport of the entire pleadings in the evidence Nos. 1 through 4 and No. 5-1 of the evidence No. 1, the remainder of the facts other than claim Nos. 3 among the facts stated in the grounds for the claim in the attached Form No.

B. The Plaintiff asserts that Defendant A entered into a small-sum credit loan agreement with TNN Loan Co., Ltd. (hereinafter “TNNF”) and did not pay the loan balance of KRW 41,000,000 and interest in arrears, and that the Plaintiff acquired the claim for TNN loan.

On the sole basis of the statement No. 5-2, Defendant A entered into a small-sum credit loan agreement with T-Nyman loan.

It is insufficient to view that Tyman loan held a claim for a loan of KRW 41,000,000,000 to Defendant A, and there is no other evidence to prove otherwise.

Therefore, this part of the plaintiff's assertion is rejected.

3. Claim against Defendant B and C

A. The Plaintiff asserts that Defendant B and C jointly and severally guaranteed the Defendant A’s loans to Defendant B and C, and that the Plaintiff acquired the claim for T and C’s loan to Defendant B and C.

B. However, there is no evidence that Defendant B and C guaranteed Defendant A’s loans to Defendant B and C, and this part of the Plaintiff’s assertion is rejected.

4. According to the conclusion, Defendant A is obligated to pay to the Plaintiff 21,252,025 won (2,372,279 won 5,575,441 won 3,742,272 won 9,562,03 won) and 6,114,51 won, Defendant D is obligated to pay 91,813,041 won (41,00,813,000 won) and 41,00,000 won with 17% interest per annum from September 30, 2014 to the day of full payment.

Therefore, the plaintiff's claim of this case is the scope of the above recognition.

arrow