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(영문) 의정부지방법원 2015.08.28 2014나53425
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 17,719,365 among the Plaintiff and KRW 4,452,312 among the Plaintiff, on October 2012.

Reasons

1. Determination as to the cause of claim

A. On January 28, 2002, the Defendant made a mutual registration of the change on January 28, 2002 to the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) Korea (hereinafter “Korea Mutual Savings and Finance Company”).

hereinafter referred to as “e-deposit Savings Bank”

borrowed KRW 1,050,977 from the same year

4. 8. Lending KRW 2,442,235 from Korea-China Mutual Savings Bank (hereinafter referred to as “Korea-China Mutual Savings Bank”), and around that time, concluding a credit card use contract with a lot card company (hereinafter referred to as “slot card”) and then using credit cards issued under the contract as a chain store.

(4) The loan claims of the above bank in the case of the above bank shall be referred to as the "loan No. 1", and the loan claims of the Korea-China Mutual Savings Bank shall be referred to as the "Loan No. 2", and the credit claims arising from the use of the above credit card shall be referred to as the "credit card use price claim of the above credit card". 2) The Korea-China Savings Bank in the case of Hyundai Capital Co., Ltd. on March 30, 207 (hereinafter referred to as the "Nuri Capital");

On April 6, 2007, after transferring the claim for the first loan to the Defendant, Hyundai Capital notified the Defendant of the fact of the transfer of the said claim. On January 5, 2009, Hyundai Capital transferred the said claim to the Plaintiff (the National Dental Rehabilitation Fund, a stock company, from March 28, 2013, to the National Dental Rehabilitation Fund), and on March 23, 2009, upon delegation of the authority to notify the transfer of claim from Hyundai Capital, the Plaintiff notified the Defendant of the said transfer by content-certified mail. 3) On July 8, 2005, the contract for the second loan claim between Han Heavy Bank and the Defendant was transferred to the Reorganization Corporation (hereinafter referred to as the “Financial Corporation”) upon the decision of the Financial Supervisory Commission under Article 14(2) of the Act on the Structural Improvement of the Financial Industry, and on July 15, 2009, the Reorganization Capital Corporation transferred the said claim to the Defendant.

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