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(영문) 서울중앙지방법원 2016.05.13 2014나59506

양수금

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1. Of the judgment of the court of first instance, the claims under paragraphs 5 and 9 relating to the list of claims acquired in attached Form No. 5 are below.

Reasons

1. The scope of the trial of this court claimed against the defendant for the payment of each of the claims that the plaintiff acquired from Samsung Bio-resources (Attached No. 5) and the Enterprise Bank (Attached No. 9), such as Hyundai Capital, New Card, National Card, Samsung Bio-resources, Samsung Han-han, Samsung-han Bank, Samsung-han Bank, Enterprise Bank, and Foreign Exchange Bank. The court of first instance dismissed the claims asserted that the plaintiff acquired from Samsung Bio-resources (Attached No. 5) and the Enterprise Bank (Attached No. 9), and

As the plaintiff appealed against this part of the lost part, this Court's judgment is limited to the claim as to Samsung Bio-resources, which was rejected by the court of first instance, and the claim that the plaintiff acquired from Samsung Bio-bank.

2. Determination as to the cause of action

A. The facts of recognition 1) around September 2002, the Defendant borrowed KRW 10 million from Samsung Bio-resources as interest rate of KRW 13.4%, and around August 2004, the Defendant obtained a credit card as a credit card holder and used it. As of December 4, 2013, the total sum of the principal and interest on loans for Samsung Bio-resources was KRW 12,580,893 (i.e., principal amount of KRW 10 million and interest at KRW 2,580,893). The Defendant notified the Defendant of the above transfer of the transfer of the claim to the Plaintiff around June 21, 2013, while notifying the Defendant of the transfer of the transfer of the claim to the Plaintiff around June 21, 2013.

[Reasons for Recognition] Each entry (including a serial number) in Gap evidence 13 to 15, the purport of the whole pleadings

B. According to the facts of the judgment 1 above, the defendant is obligated to pay the following amounts to the plaintiff who acquired the claim for loans, etc. from Samsung Bio-resources and Enterprise Bank.

(1) Samsung Bio-resources loans: 12,580. The principal and interest of loans.