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(영문) 서울북부지방법원 2016.05.24 2015나34008
양수금
Text

1. The plaintiff's appeal shall be dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination on the legitimacy of an appeal

A. According to the records, the following facts can be acknowledged.

1) On November 21, 2014, the Plaintiff filed an application with the Defendant for a repayment order with the purport that “The Defendant filed an application with the Plaintiff for a payment of 9,275,043 won ( principal 5,411,904 won, interest 3,863,139 won) in total, and 6,170,355 won ( principal 2,338,591 won, interest 3,831,764 won, interest 2,50 won, interest 3,764 won, and 7,750 won, which were transferred by her action by her action against her community credit cooperatives as of November 20, 2014, and that “The Defendant filed an application with the Plaintiff for a payment order with 15,445,398 won and 25,750,495 won from November 21, 2014 to 15, 2017.”

3) However, on July 13, 2015, immediately before the adjudication date, the Plaintiff changed the cause of the claim to seek payment only for the claim transferred by action of community credit cooperatives on July 13, 2015, and the purport of the claim is as follows: “The Defendant shall pay to the Plaintiff 9,275,043 won and 5,411,904 won among them, calculated at the rate of 17% per annum from November 20, 2014 to the date of full payment (which appears to be a clerical error as seen earlier) (hereinafter referred to as “application for change of claim of this case”).

(4) On July 14, 2015, the first instance court served the Defendant with a copy of the application for modifying the purport of the instant claim, and served the Defendant with a copy of the application, and on July 15, 2015, there is insufficient proof as to the existence of the claim that the Plaintiff received from the Defendant, Inc., for the reason that this part of the claim is dismissed.

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