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(영문) 서울중앙지방법원 2016.05.27 2015나70012

양수금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff sought payment of the Defendant’s loans, etc. from the KAMCO (EL card), the Seoul Guarantee Insurance, and the Enterprise Bank. The court of first instance accepted the claim for the loans that it acquired from the KAMCO (EL card) and dismissed the remainder of the claim.

In this regard, the plaintiff appealed against the part against which the plaintiff lost, and then withdraws an appeal against the claim acquired from the Seoul Guarantee Insurance. Thus, the subject of the judgment of this court is limited to the part concerning the claim for payment of the claim acquired from the company bank.

2. The Plaintiff asserts that the non-party corporate bank extended a card loan to the Defendant on the non-party non-party corporate bank's temporary default, or that the Defendant’s debt incurred by using a credit card issued by an enterprise bank at the time of non-party corporate bank at the time when the credit card was not available (=principal principal KRW 1,294,000 and KRW 2,234,755) as of May 27, 2015, the Defendant is obligated to pay the above amount to the Plaintiff who acquired the above claim from the enterprise bank.

The evidence evidence Nos. 5 and 6 alone is insufficient to recognize the existence of a claim for the amount of the assignee fee as alleged by the Plaintiff, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s claim for this part is without merit.

3. In conclusion, the plaintiff's claim for this part is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.