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(영문) 서울중앙지방법원 2018.04.19 2017나59972
양수금
Text

1. Of the judgment of the court of first instance, the part of the claim against the claims that the Plaintiff acquired from the new card company is revoked.

Reasons

1. In the first instance trial, the Plaintiff sought payment of the bonds that the Defendant acquired from Hyundai Capital Co., Ltd. (principal principal of KRW 1,890,014, total of KRW 14,969,80, total of KRW 16,859,814) and the bonds that the Defendant acquired from the new card Co., Ltd. (principal principal of KRW 5,400,000), the bonds that the Defendant acquired from the lot Capital Co., Ltd. (principal of KRW 670,288), the bonds that the Defendant acquired from the lot Capital Co., Ltd. (principal of KRW 670,288), and the bonds that the Defendant acquired (principal of KRW 3,00,000, principal of KRW 3,097, April 43, 6,097, and KRW 43). The first instance court dismissed the claim from Hyundai Capital Co., Ltd., Ltd. for the completion of the extinctive prescription on the grounds that there is no benefit in the lawsuit.

In this regard, the plaintiff appealed only to the claim part of the credit that it acquired from the new card company, and the subject of the judgment of this court is limited to the claim part of the credit that it acquired from the said new card

2. The plaintiff asserts that the judgment of the first instance court, which dismissed the plaintiff's claim, had been transferred from the new card company, is unfair.

According to each of the evidence Nos. 1-1, 2, 4-2, 5-3, 11, and 12 of the evidence Nos. 1-1, 4-2, 5-3, 11, and 12, the court below rendered a judgment that "the defendant shall pay to the defendant 6,564,808 won to the new card company and 5,400 won among the 6,564,808 won and the 5,400,000 won to the new card company from July 12, 2011 to the day of full payment," which became final and conclusive on March 1, 2012; the new card company against the defendant on June 21, 2013 to the plaintiff on May 31, 2013.

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