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(영문) 대전지방법원 2015.05.15 2014나106166
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

Reasons

1. In the first instance court, the Plaintiff sought the payment of the claims that the Plaintiff acquired from the National Card Co., Ltd. (hereinafter “National Card”), and the claims that the Plaintiff acquired from the C&B Investment Loan Co., Ltd. (hereinafter “C&B investment loan”). The first instance court, among them, rejected the claims that the Defendant acquired from the National Card, and partly dismissed the claims that the Defendant asserted that C&B was acquired from the C&B investment loan.

Therefore, since only the plaintiff appealed against the part against the plaintiff and filed an appeal, the subject of the judgment of this court is limited to the principal amount of 2,000,000 won, which was claimed to have been acquired from the C&B investment loan dismissed by the court of first instance, and the attempted interest thereon and damages for delay.

2. Determination as to the cause of action

A. The facts of recognition 1) The Defendant obtained a credit card from the national card on September 17, 2009, and used it, and the national card held a credit card amount of KRW 1,067,600 with respect to the Defendant. 2) The national card transferred the above credit to the Plaintiff on June 21, 2013, and the Plaintiff delegated the right to notify the assignment of credit to the Defendant on March 31, 2014, sent the content-certified mail stating that the credit was transferred by the national card to the Defendant.

3) On April 30, 2001, a limited liability company specializing in the asset-backed securitization of the Crown Ballast on April 30, 2001, received the claim against the Defendant from the new bank, and filed a lawsuit against the Defendant for the claim for the transfer money (Seoul Central District Court 2003 Ghana2519353). On April 28, 2004, the above court rendered a judgment that on June 28, 2004, the Defendant shall pay money to the limited liability company specializing in asset-backed securitization of the Crown Ballast River and the first day of the year 24,901,247 won from June 29, 198 to August 2, 200, to KRW 19% per annum from August 25, 1998 to the day of full payment.

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