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(영문) 의정부지방법원고양지원 2014.06.12 2013가단18236
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. around June 2001, Defendant B loaned KRW 40 million in total from D and E with funds for operating the business of golf driving range.

B. After that, Defendant B prepared a written agreement on November 1, 2002, each of the cash storage certificates on January 26, 2003, each of the confirmation certificates, notes, and cash storage certificates on May 1, 2003 with respect to the above loan, and Defendant C made a cash storage certificate on May 19, 2003 that “the above loan amounting to KRW 40 million shall be paid by June 20, 203,” and Defendant B made a joint and several surety payment to the Plaintiff, “agent,” and Defendant B prepared a cash storage certificate on May 19, 2003 that “the above loan amounting to KRW 40 million,” and Defendant C made a joint and several surety of the above loan amounting to KRW 2 million by May 29, 2003, separate from the above loan amount, and Defendant C made a joint and several surety debt amounting to KRW 2 million.

(hereinafter the above total amount of KRW 42 million is c.

D On March 25, 2014, “The Plaintiff has already transferred the instant loan claims to the Plaintiff as of May 19, 2003, and thus, the Plaintiff has been paid the instant loan to the Plaintiff by content-certified mail.” Although the notice of assignment of claims reached March 26, 2014, the notice of assignment of claims sent to Defendant C was returned to the addressee’s unknown address.

[Ground of recognition] Each entry of Gap 1 through 6 (including a branch number if there is a branch number) and the purport of the whole pleadings (Defendant B shall serve by public notice)

2. The assertion and judgment

A. The Plaintiff asserted that the instant loan claims were transferred by D and E, and the Defendants prepared each cash storage certificate, written agreement, and cash storage certificate, etc. entered in the facts recognized as the Plaintiff, and consented to the transfer of the instant loan claims, and is not on domestic affairs.

Even if D notified the transfer of the instant loan claim on March 25, 2014, the Defendants asserted that they jointly and severally have the obligation to repay the instant loan to the Plaintiff.

As to this, Defendant C is now subject to this.

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