logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.11.30 2017나3724
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The plaintiff, on October 24, 2003, acquired the bonds of this case with LG Investment Securities Co., Ltd. (hereinafter "LG Investment Securities"), and notified the defendant of the transfer or acquisition of the bonds of this case, which the national bank (the former national card) holds against the defendant (the principal as of October 24, 2003) and LG card’s bonds of KRW 1,992,90 (the principal as of October 24, 2003; hereinafter “the bonds of this case or the debt of this case,” including the bonds of the national bank and the bonds of the LG card, which are the principal as of October 24, 2003; hereinafter “the bonds of this case or the debt of this case”). Thus, the defendant is obligated to pay the debt of this case to the plaintiff as the transferee of the bonds of this case.

B. Therefore, a person who asserts the existence of a right bears the burden of proof of the requirement of the provision on the occurrence of right (see, e.g., Supreme Court Decision 64Da34, Sept. 30, 1964); according to the statement (including a serial number) in Gap evidence 1 through 6, the defendant applied for the issuance of the national card on or after July 2001 (the date of issuance of the national card is not identified; however, in light of the registration number at the bottom of evidence 5, the defendant prepared an application for the issuance of the national card after July 14, 2001; the fact that the defendant applied for the issuance of the credit card; the fact that the LG investment bond applied for the issuance of the credit card on or after March 14, 2002; the fact that the credit card payment claim, cash loan loan claim, general credit loan loan claim, 3G loans from the National Bank on October 24, 2003; the fact that the plaintiff transferred the national card to the defendant 13G bonds and 2G bonds 3G 194.2.

arrow