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(영문) 서울중앙지방법원 2019.11.29 2019나26747

양수금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Facts of recognition;

A. On October 31, 2002, F Co., Ltd. (hereinafter “F”) entered into a credit card loan agreement with the network G by setting the loan amount as “full exchange doctrine” and “3,540,000 won,” and carried out the loan to the network G under the said agreement.

B. However, the net G is above F.

3,435,759 out of the loans described in subsection (1) has not been repaid

(hereinafter referred to as the “instant loan”) C.

F on July 31, 2003, the H limited liability company established under the Asset-Backed Securitization Act transferred the instant loan claim to H limited liability company, and H limited liability company notified the net G of the transfer of the said claim in accordance with the procedure prescribed by the Asset-Backed Securitization Act on September 5, 2003.

H Limited Company is a trade name after I was changed from February 29, 2008 to February 29, 2008: A Co., Ltd. and hereinafter referred to as "A").

(5) On May 6, 2008, A transferred the instant loan claims to G on May 6, 2008. E. On January 9, 2009, A applied for a payment order for the instant loan against G on the ground that the net G was served with the original copy of the above payment order on January 12, 2009, the above payment order became final and conclusive on January 29, 2009. (F) On January 3, 2008, the amount of the instant loan claims was transferred to G on May 6, 2008, and was notified to G on May 3, 2008. The amount of the instant loan claims was KRW 1,145,253,435,437, 394, 305, 47, 396, 47, 305, 47, 396, 47, 47, 97, 396, 47, 47, 5, 3946