logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.24 2014나47947
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. Hyundai Capital Co., Ltd.’s Defendant on September 16, 2009.

Reasons

The Plaintiff asserted that the Defendant received a general loan from Hyundai Capital Co., Ltd. on September 16, 2009, but did not pay 2,44,894 won of the loan principal and delayed payment damages, etc. The Plaintiff acquired the principal and interest of loan from Hyundai Capital Co., Ltd. on November 30, 2012.

(1) As the Plaintiff appealed, the Plaintiff’s claim is dismissed in the judgment of the first instance court, and according to the purport of the entire pleadings, Hyundai Capital Co., Ltd. (Seoul Eastern District Court 2010Daso574904) filed a lawsuit against the Defendant seeking the same principal and interest of the loan (Seoul Eastern District Court 2010Daso574904) and received a favorable judgment on August 23, 2010, and recognized the fact that the judgment

Therefore, in relation to the final judgment of Seoul Eastern District Court 2010Gaso574904, the Plaintiff is the assignee of the claim after the closing of argument and thus there is no benefit to file a separate lawsuit.

Thus, the judgment of the first instance court dismissed the part of the claim that the plaintiff acquired from Hyundai Capital Co., Ltd., and the conclusion is unfair, and thus it is revoked and dismissed as the lawsuit on this part is unlawful.

arrow