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(영문) 서울중앙지방법원 2015.12.24 2015나32652
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s claim for loans against the Defendant of the Han Bank, Han Bank, Inc., Ltd., was successively transferred to Lulsian Co., Ltd., and the above claims were transferred to the Plaintiff’s Future Savings Bank, and again, each of the above claims was transferred to the Defendant. As of June 18, 2014, the above claims were notified to the Defendant. As of June 18, 2014, the above claims were in total of KRW 4,314,514, interest 2,439,060, and KRW 6,753,574, and since the Future Savings Bank, Inc., upon being declared bankrupt on April 30, 2013, appointed the Plaintiff as a bankruptcy trustee, the Defendant is obligated to pay the Plaintiff the amount stated in the purport of claims.

B. It is insufficient to acknowledge that only the written statements in Gap evidence Nos. 1 through 5 alone have acquired the above claim from Han Bank, Lulse A, or Lulse A, Inc., and there is no other evidence to acknowledge otherwise.

Therefore, without examining the remaining points of view, the plaintiff's assertion based on the premise that the above claim was transferred to the future savings bank of the company after acquiring the above claim.

2. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.

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