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(영문) 부산지방법원 2019.05.01 2018나56367

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. The plaintiff filed a claim against the defendant for each of the claims against the defendant, and the first instance court accepted only all of the claims No. 1, 3, 4, and 6.

Since the part against which the Plaintiff lost (No. 2 and 5, hereinafter referred to as “each of the claims of this case”) has appealed, the scope of adjudication on the trial of the party shall be limited to the claims of each of the claims of this case.

2. Facts of recognition;

A. The Defendant, as indicated below, did not pay the loan and the credit card use amount while obtaining a credit card loan from the relevant financial institution or obtaining a credit card.

No. 5,00,000,000 August 22, 2004, the 1B bank credit card No. 1 B bank credit card No. 7,896,414 March 29, 200 on August 22, 2003, which was 1 B bank credit card No. 1 B bank credit card No. 5,000,000 on August 22, 2004, May 22, 2003, D card No. 1,400,000 on May 25, 2004. < Amended by Presidential Decree No. 18174, Dec. 6, 2003>

E Limited Liability Company (hereinafter “E”) transferred all of the above claims from the relevant financial institution on May 13, 2005, and notified the Defendant of the transfer of claims in accordance with Article 7(1) of the Asset-Backed Securitization Act on June 16, 2005.

C. On April 2, 2008, the non-party company filed an application with the defendant for the payment order of this case for the payment of each of the above claims with the Changwon District Court No. 2008596, Apr. 2, 2008. On April 11, 2008, the above court ordered the non-party company to pay 78,619,737 won and 40,338,709 won with the interest of 17% per annum from April 2, 2008 to the day of full payment. The above payment order was finalized on May 3, 2008 because the defendant did not raise any objection.

On January 26, 2018, the Plaintiff transferred all of the above claims from the non-party company, and was delegated with the authority to notify the assignment of claims by the non-party company, and notified the Defendant of the assignment of claims on April 3, 2018.

E. As of March 27, 2018, the principal and balance of each of the above claims shall be equal.