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(영문) 서울동부지방법원 2014.11.07 2013나22586
양수금
Text

1. The part against the defendant among the part concerning the conjunctive claim of the court of first instance shall be revoked, and that part shall be applicable thereto;

Reasons

1. The court of first instance dismissed the primary claim and partly accepted the conjunctive claim. Since the defendant appealed against this, the scope of the trial of this court is limited to the legitimacy of the judgment of the court of first instance which partially accepted the conjunctive claim, and the primary claim is excluded from the subject of the trial of this court (see Supreme Court Decision 94Da31624, Feb. 10, 195). 2.

A. On November 2010, the Defendant issued to B a copy of the passbook, physical card, security card, certificate of personal seal impression, and resident registration certificate in the name of the Defendant at the request of B, which is necessary to re-transfer the name after one month.

B. On November 16, 2010, B was prosecuted for committing an offense, such as taking out a loan of KRW 3,000,000 from the Radon Savings Bank (hereinafter “Ldon Savings Bank”) in the name of the Defendant (hereinafter “instant loan”), using a copy of the resident registration certificate delivered by the Defendant, and taking over the loan under the name of the Defendant, and the conviction was finalized.

C. Meanwhile, on January 2, 2012, according to the Financial Supervisory Commission’s decision to transfer a contract to the Fran Savings Bank, the status of creditor under the instant loan agreement was succeeded to by the S Savings Bank. On July 18, 2012, the SS Savings Bank transferred the instant loan claim to the Plaintiff and notified the Defendant of the transfer on August 7, 2012.

[Ground of recognition] Facts without dispute, Gap 1 to 10 evidence, Eul 3 to 9 evidence, the purport of the whole pleadings

3. Judgment on the conjunctive claim

A. The Plaintiff’s assertion B is with the Rain Savings Bank through the procedure of identification, etc. through an authorized certificate using the means of access delivered by the Defendant.

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