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(영문) 서울중앙지방법원 2016.04.26 2015나70029
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

The defendant shall pay to the plaintiff KRW 4,280,438 and the principal of these KRW 1,890.

Reasons

1. The Plaintiff sought against the Defendant the payment of each of the claims that he/she acquired from the case loans, the Korea Investment Savings Bank, and the Korean National Bank. The court of first instance rejected the claims that the Defendant acquired from the Korean National Bank, and dismissed the claims asserted that the Defendant acquired from the case loans and the Korea Investment Savings Bank.

Therefore, since only the plaintiff appealed, the subject of the judgment of this court is limited to the claim as to the claims alleged to have been acquired from the KN Loan Co., Ltd. and the Korea Investment Savings Bank dismissed in the first instance.

2. Determination as to the cause of action

A. Facts of recognition 1) The Defendant is the first loan that is KRW 2 million from Busan High School Loan Co., Ltd. on August 19, 2010 (hereinafter referred to as “the first loan”).

on October 4, 2010, 600,000 won from the Korea Investment Savings Bank (hereinafter referred to as “the second loan”)

(2) On January 19, 2012, Industrial and Loan Co., Ltd. transferred No. 1 loans to Dai Loan Co., Ltd. and notified the Defendant of the assignment of claims at that time. On June 21, 2013, Dai Loan Co., Ltd. transferred No. 1 loans to the Plaintiff and notified the Defendant of the assignment of claims at that time.

3) On November 14, 2014, the Korea Investment Savings Bank transferred a second loan claim to the Plaintiff and notified the Defendant of the assignment of the claim. 4) As of June 18, 2015, the first loan claim amounting to KRW 2,856,408 (principal KRW 1,372,757 KRW 1,483,651 KRW), and the second loan claim amounting to KRW 1,424,030 (principal KRW 517,510 KRW 906,520) remains.

[Ground of recognition] Evidence Nos. 1 and 3-1 to 3, Evidence Nos. 6-1 to 3, Evidence Nos. 7 and 8, and the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant shall pay to the Plaintiff the sum of KRW 4,280,438 of the principal of the first and second loans and the principal of KRW 1,890,267 from June 19, 2015 to the day of full payment.

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