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(영문) 서울중앙지방법원 2015.05.14 2014가단5213663 (1)
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. B obtained a loan from the SBI2 Savings Bank on July 17, 2014, the outstanding principal amounted to KRW 50,803,273, and interest in arrears amount to KRW 50,123,359.

B. At the time of the above loan, the Defendant jointly and severally guaranteed the B’s loan debt.

C. On June 21, 2013, the Plaintiff acquired the above bonds from the above savings bank, and notified the Defendant thereof at that time, the Defendant is jointly and severally liable with B to pay the principal and interest of the loan to the Plaintiff.

2. The judgment B received a loan from the SBI2 Savings Bank;

The plaintiff's claim is without merit, since there is no evidence to prove that the defendant jointly and severally guaranteed the above loan debt B.

(A) In full view of the purport of the entire pleadings, the above claim is deemed to have been lent by the Bank to B, and it seems that it would have been transferred to the Plaintiff again after the acquisition by the SB I2 Savings Bank, and there is no evidence to acknowledge that the Defendant jointly and severally guaranteed the obligation to borrow money against the Bank. 3. The Plaintiff’s claim for the decision is without merit.

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