logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.21 2015나6738
양수금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Judgment as to the main claim

A. The plaintiff's assertion that the defendant joined a credit card company as a member of the foreign exchange credit card company (hereinafter "foreign exchange credit card") and used it after being issued a credit card from the foreign exchange credit card, but did not pay 1,304,810 won of the credit card price.

Even if the above credit card was issued against the defendant's will, the defendant paid the above credit card price through his deposit account for about three years, and thus, it should be deemed that the credit card was ratified.

After that, on March 7, 2003, foreign exchange credit cards transferred the above credit card payment claims to a limited-liability company specializing in the 3rd securitization and notified the Defendant of the transfer of the above credit claims. The above limited-liability company transferred the above claims to Busan 2 Mutual Savings Bank Co., Ltd. (after that, on March 12, 2004, the trade name was changed to the Busan 2 Savings Bank, Inc. (after that, upon being declared bankrupt on March 7, 2012, the Plaintiff was appointed as the trustee in bankruptcy) and transferred the above claims to the Busan 2

5. 24. The Defendant notified the transfer.

Therefore, the Defendant is obligated to pay the Plaintiff, a trustee in bankruptcy, the sum of the credit card price of KRW 6,058,771 (= principal interest of KRW 1,304,810 in interest of KRW 4,753,961) and the delay damages of KRW 1,304,810 in interest of KRW 1,30.

B. 1) We examine whether the Defendant was admitted to a credit card holder as a member of the foreign exchange card. First, there is no evidence that the Defendant’s seal or signature in the name of the Defendant, which was written under the name of the Defendant (the seal or signature in the application form for membership of the foreign exchange card), was based on the Defendant’s seal or seal, and thus, the said document cannot be admitted as evidence as it cannot be admitted

Next, the purport of Gap evidence No. 4 and the purport of the whole argument is the result of fact-finding with respect to Korea Exchange Bank Co., Ltd. in the first instance court.

arrow