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(영문) 의정부지방법원 2017.07.06 2016나55562

채무부존재확인

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 8, 2007, Tae River Subdivision Co., Ltd. loaned a loan of KRW 2,500,000 to the Plaintiff on May 7, 2010.

(hereinafter “instant loan”). (b)

On March 30, 2010, Taegangco Ltd. transferred the instant loan claims to ELC Loan Co., Ltd., and notified the Plaintiff of the assignment of claims around that time.

In addition, on June 19, 2014, ELC Loan Co., Ltd. transferred the instant loan claims to the Defendant, and notified the Plaintiff of the assignment of claims on July 18, 2014.

C. On April 15, 2015, the Defendant, upon receipt of the instant loan claim, applied for a payment order against the Plaintiff on KRW 6,085,509 (i.e., the principal of the loan principal as of June 19, 2014, KRW 1,612,911, and KRW 4,472,598) and the payment order (Seoul Northern District Court Decision 2015Hu18136) became final and conclusive on May 27, 2015.

[Ground of recognition] Facts without dispute, entry in Eul evidence 1 to 7 (including branch numbers, if any) and the purport of the whole pleadings

2. The Plaintiff’s assertion and judgment asserted that the Plaintiff did not exist since the Plaintiff repaid 50,000 won of the final balance on July 8, 2010 to fully repay the instant loan obligations.

However, there is no evidence to acknowledge that the Plaintiff repaid all of the instant loan obligations, and the Plaintiff’s above assertion is without merit.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance with different conclusions is unfair, and the plaintiff's claim is dismissed. It is so decided as per Disposition.