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(영문) 서울서부지방법원 2017.07.12 2016가단250789
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s claim for the fourth Savings Bank, E.S., Inc., has a loan claim against the Defendant. The Plaintiff transferred the above loan claim via A.M. loan company, etc., and as of September 8, 2016, the said loan claim remains in the remainder of KRW 26,416,486, interest and overdue interest 12,981,733.

Therefore, the Defendant is obligated to pay to the Plaintiff the principal and interest of the loan 39,398,219 won = 26,416,486 won + 12,981,73 won + delay damages for the principal and interest of the loan 26,416,486 won.

B. The reasoning of the evidence Nos. 1 and 2 in the judgment of the court below is insufficient to acknowledge that the Defendant of the SBA 4 Savings Bank suffered a loan claim against the Defendant, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s claim is without merit without further review.

2. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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