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Reasons
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(영문) 대전지방법원 2015.02.04 2014나11985
양수금
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. According to the overall purport of evidence Nos. 1, 2-1, 2, 3, and 3 of evidence Nos. 1, 2-1, 3 and 3, the defendant used the card issued after filing an application for membership of a bank with the Japanese Bank on June 3, 1994. On February 27, 1995, the defendant delayed payment of KRW 2,124,809 (hereinafter referred to as the "the above overdue interest claim") and the Japanese Bank transferred the principal claim to the Japanese Liquidation Corporation on December 30, 1999, and notified the defendant of the transfer on February 19, 200, the Korean Asset Management Corporation transferred the instant claim again to the Korea Asset Management Corporation on December 28, 200, and notified the defendant of the transfer on July 28, 201, the Korea Asset Management Corporation notified the transfer on July 21, 201, and the transfer on the claim to the defendant on July 28, 2001.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 7,541,092 and KRW 2,124,809, which is the day following the delivery of the copy of the instant complaint, 20% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 4, 2013 to the day of full payment.

2. Judgment on the defendant's assertion

A. As to this, the Defendant asserted that the Plaintiff did not be liable for the instant claim, since he did not receive a card from the Japanese bank.

Therefore, it is recognized that the defendant prepared a written application for admission to a bank credit card member (A No. 1). According to the purport of Gap evidence No. 1, Gap evidence No. 2-2, 3, and Eul evidence No. 1-1, the facts that workplace information or address stated in the above written application is consistent with the defendant's workplace and address at the time of preparation of the above written application.

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