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(영문) 서울중앙지방법원 2015.11.10 2015나26930
양수금
Text

1. Revocation of the judgment of the first instance, and the lawsuit of this case shall be dismissed;

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

Reasons

1. Facts of recognition;

A. The Defendant, upon the occurrence of a credit card payment claim, did not pay the credit card price (hereinafter “the instant card price”) issued by the Seoul Bank (Merger with Hana Bank on December 2, 2002) and used.

B. (1) On March 28, 2006, the Defendant filed an application for individual rehabilitation (hereinafter “instant individual rehabilitation procedure”) with the District Court 2006 Mada5890 on March 28, 2006, and entered the claim for the card price in the list of individual rehabilitation creditors.

(2) On January 2, 2007, the District Court approved the Defendant’s repayment plan for individual rehabilitation claims confirmed based on the list of individual rehabilitation creditors submitted by the Defendant.

(3) The instant individual rehabilitation procedure was abolished on October 24, 2012.

C. A deposit transfer (1) The instant card payment claim was transferred to Lulsian Co., Ltd. on June 11, 2009, to Lulsian Co., Ltd. on June 24, 2009, to Luls Ltd. on June 22, 201, to Vietnam Co., Ltd. on the business partnership loan on June 22, 201, and to the Future Savings Bank Co., Ltd. on October 10, 2012 (hereinafter “BE Savings Bank”).

(2) On November 22, 2012, the Future Savings Bank notified the Defendant that the instant card price claim was transferred from the Vietnam Partnership Loan Co., Ltd., and requested the Defendant to continue reimbursement according to the repayment plan authorized in the instant individual rehabilitation procedure.

The principal and interest of the instant credit card payment claim as of June 17, 2014 is KRW 27,240,105 (=interest of KRW 10,428,395 and interest of KRW 16,81,710 on the remaining principal and interest and delay damages).

E. On April 30, 2013, the Bankruptcy Bank of the Future Savings Bank was declared bankrupt by this Court No. 2013Hahap54 on April 30, 2013, and the Plaintiff was appointed as the bankruptcy trustee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, significant facts in this court, purport of the whole pleadings

2. The debtor’s rehabilitation and determination as to the legitimacy of the instant lawsuit is made.

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