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(영문) 대전지방법원 2015.08.21 2014나105057
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On June 8, 2001, the defendant prepared and submitted an application for membership of credit or debit card (individual member) to Han Bank Co., Ltd.

On June 19, 2006, Han Bank Co., Ltd. transferred the claim amounting to KRW 19,136,768 of the principal of the loan to the defendant to IMC in a country.

[Ground of recognition] The result of inquiry into Han Bank Co., Ltd. by the court of the first instance, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On November 29, 2011, the Plaintiff asserted that he/she acquired the claim against the Defendant by Solomon Mutual Savings Bank. As of September 9, 201, the sum of the principal, attempted interest, and delay damages of the above claim is KRW 58,063,264 (i.e., principal amount + KRW 16,925,664 + KRW 35,784,917 + delay damages + KRW 35,784,917 + delay damages). The Defendant is obligated to pay the above claim and delay damages to the Plaintiff, the assignee of the claim.

B. The reasoning of the judgment on Gap's evidence Nos. 1 through 5 and the fact-finding with respect to Han Bank is insufficient to acknowledge that the claims against the defendant of Han Bank were transferred to the plaintiff via the CELB partnership loan and Solomon Mutual Savings Bank, and there is no other evidence to find otherwise.

3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal shall be dismissed and it is so decided as per Disposition.

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