beta
(영문) 서울중앙지방법원 2016.02.03 2014가단5251481

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 cause of the claim of this case is as shown in the attached Form.

(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” is deemed to be the “Defendant”. 2.

A. Of the facts of the cause of the claim, the fact that the defendant joined the credit card company as an individual member of the Korea Exchange Bank and used the credit card is not disputed or recognized by the statement in Gap evidence 1.

B. However, as to whether the Defendant’s lending of principal amounted to KRW 50,036,182 by means of credit purchase, cash service, card loan, etc. until August 21, 2009 by using KRW 76,597,569 and the total amount of principal and interest KRW 126,63,751, there is insufficient reason to recognize the specific cause, time, and amount of principal debt solely based on the evidence Nos. 2 and Nos. 7 through 12.

C. Therefore, it is difficult to accept the Plaintiff’s assertion.

3. Dismissal of the Plaintiff’s claim