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(영문) 청주지방법원 2015.11.05 2015나10036
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. On November 29, 2011, the gist of the Plaintiff’s assertion: (a) the Plaintiff acquired the instant loan claims against the Defendant of Hyundai Capital Co., Ltd. (hereinafter “instant loan claims”); (b) from Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”); (c) on July 24, 2014, the Plaintiff asserted that the sum of the principal and interest of the instant loan claims as of July 24, 2014 (i) KRW 14,975,113 (i.e., principal and interest of KRW 5,962,878 (i.e., principal and interest of KRW 6,243,363,368,79) and sought payment of the principal and interest of the instant loan claims against the Defendant.

2. According to each of the records on evidence Nos. 2, 3, 5, and 7: (a) the Defendant borrowed KRW 20,50,000 from Hyundai Capital Co., Ltd. on May 19, 201 at the lending rate of KRW 3 years, interest rate of KRW 10.7%, overdue interest rate of KRW 24%; and (b) the Typef money deposit of the Co., Ltd. on July 13, 201 to Solomon Mutual Savings Bank on July 13, 201; and (c) on November 29, 201, the Solomon Mutual Savings Bank transferred the instant loans to the Plaintiff on a successive order, and notified the Defendant of the assignment of claims at that time.

However, with respect to the fact that Hyundai Capital Co., Ltd. transferred the claim for the instant loan to Spins Co., Ltd. or Solomon Mutual Savings Bank, it is not sufficient to acknowledge it even based on all evidence submitted by the Plaintiff, and there is no other evidence. Therefore, the Plaintiff’s assertion is without merit without further review.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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