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(영문) 부산지방법원 2018.10.24 2018나3417

양수금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 1, 1994, the Defendant filed an application for membership of a credit card with Choung Bank Co., Ltd. (hereinafter referred to as the “New Bank”) and used the credit card from the said bank at that time after the merger of Hanhan Bank Co., Ltd. (hereinafter referred to as the “New Bank”).

B. On November 13, 2003, the Korea Development Bank transferred the instant claim against the Defendant (hereinafter “instant claim”) to the Promotion Mutual Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank Co., Ltd.”) (hereinafter “Promotion Savings Bank”) and the Promotion Savings Bank transferred the instant claim to Co., Ltd. Co., Ltd. on June 15, 201.

On September 7, 2012, Co., Ltd. transferred the instant claim to a mentoron loan-based limited liability company. On November 12, 2014, the mentoron loan-based limited liability company transferred the instant claim to a Mmerd loan limited liability company.

C. On April 2, 2018, the first transferor of the instant claim, Cho Heung Bank and its subsequent order, the Promotion Savings Bank, Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Ltd., and Co., Ltd., Co., Ltd., Co., Ltd., Ltd., Ltd., Ltd., Ltd., the instant claim

At that time, the notification of assignment of claims was sent in sequence to the defendant. D.

As of June 2018, the principal and interest of the instant claim in arrears are KRW 14,951,332, and damages for delay are KRW 46,262,051, plus KRW 61,213,383.

E. Meanwhile, on May 20, 2013, the Promotion Savings Bank was declared bankrupt by the Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as the trustee in bankruptcy of the Promotion Savings Bank;

[Ground of recognition] Facts without dispute, entry of Eul evidence Nos. 4 to 9 of Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s summary of the parties’ assertion is from the Cho Ho Bank Co., Ltd.