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(영문) 서울동부지방법원 2014.10.24 2014가단109519
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 72,315,653 and KRW 48,415,486 among them, from February 17, 2014 to the day of full payment.

Reasons

Plaintiff’s assertion

The plaintiff asserts as the cause of the claim of this case as shown in the annexed Form “the cause of claim.”

Judgment

The causes of each of the above claims shall be determined successively below.

According to the statement 1,979,227 won A 5-1 from the National Card Co., Ltd., the National Card Co., Ltd. may recognize the fact that the Defendant entered into an agreement with the Defendant to become a member of the National Card and issued a credit card on October 23, 2002. However, if the Defendant used the above credit card as KRW 1,979,227, the fact that the Defendant used the above credit card is insufficient to acknowledge the fact that the Defendant was using the credit card solely with the descriptions of KRW 1,979,227. Furthermore, according to Gap 1-1, 2, and 3, all of the above credit cards are merely documents voluntarily prepared by the Plaintiff or the National Card Co., Ltd., and according to Gap 1-1, it is recognized that the “loan” date of the above credit card was written as June 7, 201, and there is no evidence to support this.

Therefore, the above part of the claim cannot be accepted.

According to the statement of Gap 5-2 from the National Card Co., Ltd. 3,469,945 won and 3,469,945 won, the National Card Co., Ltd. may recognize the fact that the defendant entered into an agreement with the defendant to join the above card on November 14, 2005. However, if the defendant used the above card as 3,469,945 won, it is insufficient to recognize the fact that the defendant used the credit card solely with the descriptions of Gap 1-1, 2, and 3, there is no evidence to support the fact that the defendant was using the credit card (the plaintiff or the National Card Co., Ltd. is only a document prepared voluntarily by the plaintiff or the

Therefore, the above part of the claim cannot be accepted.

The Plaintiff asserted that Hyundai Capital Co., Ltd. loaned KRW 1,631,500 to the Defendant on June 17, 2011, and transferred the above principal and interest interest claim to the Plaintiff. However, Hyundai Capital Co., Ltd. transferred the above principal and interest claim to the Plaintiff on June 17, 201.

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