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(영문) 부산고등법원 2015.04.30 2014나51718

양수금

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1. Of the judgment of the court of first instance, the part against the plaintiff ordering additional payment shall be revoked.

2. The defendant.

Reasons

1. The plaintiff filed a claim against the defendant for the payment of each of the claims listed in the separate sheet that he acquired from Busan Bank Co., Ltd. (hereinafter referred to as the "Resan Bank"). The court of first instance accepted the claim on the claims listed in the separate sheet No. 1, 3, and 7, and dismissed the claim on the claims listed in the separate sheet No. 2.

Since only the plaintiff appealed against this, the claim as stated in the attached Table No. 2, which the plaintiff appealed, shall be considered only to the claim as stated in the attached Table 2.

2. Facts of recognition;

A. On March 12, 2008, the Defendant concluded a credit card member subscription agreement with the Busan Bank and used it with the credit card holder.

B. The Busan Bank concluded a mortgage contract with the Defendant on the land B in Ulsan-gun, Ulsan-gun, and the machinery and equipment pursuant to Article 7 of the Act on Mortgage and Factory Mortgage in order to comprehensively secure all the claims, including the above credit card payment claim against the Defendant. The Busan Bank concluded a mortgage contract and completed the registration of the establishment of a neighboring mortgage.

Matters concerning the establishment and registration of the lease date No. 136452, Dec. 26, 2006; Defendant 900,000,000 won on February 1, 2007; Defendant 12216, Feb. 2, 2007; Defendant 120,000,000 won on June 26, 2007; Defendant 60,000,000,000 won on June 29, 2007; and Defendant 60,000,000,000 won on May 7, 2008, 208;

C. On September 26, 2008, the Plaintiff acquired the credit card use-price claim and damages for delay against the Defendant from the Busan Bank. On December 10, 2008, the Plaintiff completed the additional registration of the right to collateral security transfer to the Plaintiff, changing the mortgagee to the Plaintiff with regard to the registration of establishment of a new collateral security.

Article 44 of the former Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation (wholly amended by Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation on March 31, 201) is "the Corporation".