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(영문) 대전지방법원 2015.06.19 2014나105798

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. In the first instance court, the Plaintiff sought a payment of the claim against the Defendant, such as SBI4 Savings Bank, and the loans against the Defendant respectively taken over from YI4 Savings Bank, and the first instance court dismissed the claim on the claim that was taken over from SBI4 Savings Bank and accepted the remainder of the claim.

Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim for the payment of the bonds acquired from the SB4 Savings Bank.

2. Judgment on the claim for payment of the credit that was acquired from the SBI4 Savings Bank

A. The Plaintiff asserted that the Defendant entered into a general loan agreement with the SBI4 Savings Bank (former Switzerland 4 Mutual Savings Bank) on August 1, 2006, and concluded a loan agreement with the Defendant, and that the Defendant was paid the principal amounting to KRW 2,00,000,000, overdue interest of KRW 3,212,953 as of May 31, 2013. The Plaintiff asserted that on June 21, 2013, it was acquired from the SB4 Savings Bank, and that on February 13, 2014, it was transferred from the Defendant to the Defendant as of February 13, 2014, and claimed that the Defendant was paid the interest of KRW 5,453,281 (i.e., principal interest amounting to overdue interest of KRW 2,00,000, KRW 212,953, interest of KRW 240,328) and interest of KRW 2,00,00.

B. The judgment of the court below is not sufficient to acknowledge the fact that the defendant entered into the above general loan agreement with the SBI4 Savings Bank on August 1, 2006, and there is no other evidence to prove otherwise.

The plaintiff's assertion on this part is without merit.

3. In conclusion, the plaintiff's claim for this part of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.