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(영문) 서울중앙지방법원 2017.04.25 2016나49138
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination as to the cause of claim

A. The plaintiff asserted that the loan claims under the comprehensive passbook loan agreement as of January 17, 2002 against the defendant of Daeyang Mutual Savings and Finance Company were taken over through the loan by the reorganization financial corporation, the Bai Capital Corporation, the Hai Loan Asset Management Limited Company, the mentmen Annb Co., Ltd., and the mentmen Annb Co., Ltd., claiming the defendant to pay the amount of the loan and the damages for delay.

B. In light of the following circumstances acknowledged by the evidence Nos. 3, 6-1, 2, and 7 of the evidence Nos. 3, 6-2, and 7, and by the purport of the entire pleadings, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that a legitimate notice of the assignment of claims was given in sequence from the Daeyang Mutual Savings and Finance Company to the Plaintiff, and there is no other evidence to acknowledge otherwise.

Therefore, the prior plaintiff's assertion on a different premise is without merit without further review.

1) The Defendant’s resident registration address had no change since January 30, 2003. 2) The Korea Deposit Insurance Corporation, a bankruptcy trustee, filed a lawsuit against the Defendant under Seoul Central District Court 2005Da2072032 as the Seoul Central District Court (Seoul Central District Court 2005Da2072032). The Defendant’s address at the time was not identified, and the document of lawsuit, such as the duplicate of the complaint, was served by public notice, and the original of the judgment was also served by public notice.

3) Even in this case, the court of first instance served the litigation documents such as a duplicate of the complaint on the same address, but served the litigation documents by means of service by public notice in order to have it not been served due to the absence of closure or the unknown whereabouts of the director. This court also served the defendant by public notice. 4) The bankruptcy trustee, the Korea Deposit Insurance Corporation and the Korea Mutual Savings and Finance Company for the bankrupt, the Taeyang

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