beta
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. Basic facts
A. The Defendant filed an application for individual rehabilitation with the Incheon District Court 2007da2484, and the list of individual rehabilitation creditors of the above case contains the credit card payment claim (i.e., the principal amount of KRW 980,126 and the amount calculated by the agreed rate until the date of full payment, and the amount calculated by January 23, 2007; hereinafter “instant individual rehabilitation claim”).
However, the above court decided to authorize the repayment plan on September 17, 2007, but decided to discontinue the individual rehabilitation procedure on October 21, 2009.
B. Meanwhile, on April 30, 2013, the Future Savings Bank Co., Ltd. (hereinafter “BF”) was declared bankrupt on April 30, 2013 by this Court No. 2013Hahap54, and the Plaintiff was appointed as a trustee in bankruptcy.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) Han Bank had made a loan to the Defendant under the loan transaction agreement. However, the Defendant did not pay the principal and interest of the loan in time and lost the benefit of time. 2) The above loan claims (or individual rehabilitation claims in this case including the above loan claims) against the Defendant, Han Bank transferred Luls to Han Bank Co., Ltd. (hereinafter “Luls”) on June 11, 2009, Luls to Luls Co., Ltd. on June 24, 2009, Luls Co., Ltd.; Luls Co., Ltd. on June 222, 2011; Luls Co., Ltd. (hereinafter “Luls”) transferred to the future savings on October 10, 2013, respectively.
3) Accordingly, the Defendant is obligated to pay the Plaintiff, who is the trustee in bankruptcy of the future savings bank, the acquisition amount stated in the purport of the claim. B. 1) First, there is no evidence to acknowledge that the Bank granted a loan to the Defendant under a loan transaction agreement.
In addition, the plaintiff extended money to the defendant under any condition (such as interest, maturity, and repayment terms).