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(영문) 서울중앙지방법원 2017.02.07 2016가단138471
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 187,425,635 and KRW 97,706,748 from August 17, 2016.

Reasons

1. The facts in the separate sheet of claim alleged by the plaintiff as the cause of claim in this case do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole in each statement of Gap 1 and 12 (including a serial number).

Therefore, barring any special circumstance, the Defendants jointly and severally pay to the Plaintiff the total sum of KRW 187,425,635 and the principal amount of KRW 97,706,748 as well as damages for delay calculated by the rate of 19% per annum under the agreement from August 17, 2016 to the date of full payment, and Defendant B and C, a joint and several surety, are liable to pay the amount within the limit of KRW 330,000,000.

2. Determination as to Defendant B and C’s assertion

A. Defendant B and C asserted that the Plaintiff’s claim is unreasonable, since there was no notification of the assignment of claims from the transferor of claims, including the Han Bank Co., Ltd. (hereinafter “ Han Bank”).

However, in light of the nature and accompanyingness of the principal obligation, if a claim against the principal obligor is transferred, it shall also be transferred to the guarantor’s obligation unless otherwise stipulated by the parties. In this case, the requirements for setting up against the assignment of claims shall be satisfied if it satisfies the requirements for setting up against the principal obligation, and it shall not be necessary to separately set up the requirements for setting up against the principal obligation (see, e.g., Supreme Court Decision 2002Da21509, Sept. 10, 2002). In full view of the overall purport of the arguments in the aforementioned evidence, one bank transfers the instant claim to a limited liability company specializing in the genetic securitization on April 21, 201, and a limited liability company specializing in the primary securitization on August 12, 2016, a single bank and a limited liability company specializing in the primary securitization on deposit basis, and thus, it is recognized that the Defendant Company, which is the principal obligor, has notified each of the claims assignment to the principal obligor at that time.

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