logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.01.30 2014나7640
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion that the defendant entered into a credit card contract (24% per annum on the 27th day of each month and the overdue interest rate) with the Seo-ND on March 25, 2010, and then was liable to pay the above company the unpaid credit card payment amount of KRW 2,200,00 (damage for delay). The defendant transferred the unpaid credit card payment claim to C on December 29, 1999, ② on March 24, 2010, the plaintiff acquired the credit card payment claim again from C on March 24, 2010, and on May 25, 2010, the defendant notified the above assignment of the credit card payment amount to the defendant's resident registration address, the defendant is liable to pay the above credit card payment amount of KRW 9,149,348 (the principal amount of the credit card payment amount of KRW 20,200,348 (the delay interest rate of KRW 39,45,209) to the plaintiff.

B. In the instant case where: (a) the transferor cannot set up a defense against the obligor unless the obligor notifies the obligor or does not consent to the obligor (Article 450 of the Civil Act); (b) in the instant case where: (c) the Plaintiff asserts that he/she was entitled to another claim by the transferee of the unpaid credit card payment claim against the Defendant by the YoungND Business Co., Ltd.; (d) C, the transferee of the first transferor, notify the Defendant of the assignment of the claim No. 1;

Unless there is any assertion or proof as to the defendant's acceptance of the above assignment, the plaintiff cannot set up against the defendant, who is the debtor, as the assignment of assignment of assignment No. 1 above. Thus, the plaintiff's assertion based on the opposing power against the defendant as to the above assignment of assignment No. 1 above is without merit.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance which has different conclusions is unfair, and thus, the defendant's appeal is dismissed.

arrow