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(영문) 서울중앙지방법원 2015.11.05 2015나26886
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 on the cause of the claim

A. The Plaintiff asserted the Plaintiff’s credit loan and credit card fee claim against the Defendant of the Han Bank Co., Ltd. were assigned in sequential order to Pulusea Co., Ltd., and the above claim was transferred back to Pulusea Co., Ltd., and again transferred to the Future Savings Bank, and each of the above assignment of claims was notified to the Defendant. As of June 18, 2014, the above claim contains a total of KRW 5,035,338, interest 2,846,52, total of KRW 7,881,890, and since the Future Savings Bank was appointed as bankruptcy trustee on April 30, 2013, the Defendant is obligated to pay the amount stated in the claim to the Plaintiff.

B. It is not sufficient to acknowledge that loan bea company transferred the above claim of the Plaintiff’s claim to the Plaintiff Company at the loan year, solely on the basis of the written evidence Nos. 1 through 4, and there is no other evidence to acknowledge otherwise.

Therefore, without examining the remaining points of view, the plaintiff's assertion that the future savings bank, a stock company, acquired the above claim from the loan No. 1999, is without merit.

2. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.

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