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(영문) 서울중앙지방법원 2018.09.13 2018나6166
양수금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff succeeding intervenor KRW 45,572,81 and 9,869 among them.

Reasons

1. In the judgment of the court of first instance, the plaintiff filed a claim against the defendant for the acquisition of money from the Japanese bank (hereinafter “Japan bank”), new card company (hereinafter “new card”), and lot Capital Co., Ltd. (hereinafter “mull Capital”). The court of first instance dismissed the part of the claim for the acquisition money with respect to the claims acquired from the new card among the plaintiff’s claims, and cited the part of the claim for acquisition money with respect to the claims acquired from the Japanese bank and lot Capital.

Since the defendant only appealed against this, the scope of the trial on the political party's appeal is limited to the claim for acquisition tax on each of the bonds acquired from the Japanese bank and lot Capital.

2. Basic facts

A. On August 10, 1993, the Defendant concluded a bank credit card use agreement with the first bank on August 10, 1993, and delayed the credit card use amount and the loan (hereinafter “mortgage 1 of this case”).

(2) On June 12, 2003, Japan Bank transferred the above loan claims to a limited liability company specializing in the Ssinland first-backed securitization, and notified the Defendant of the transfer of the claim in accordance with Article 7(1) of the Asset-Backed Securitization Act on December 22, 2006. On May 7, 2007, the Sinland first-backed securitization limited liability company filed an application with the Defendant for a payment order against the Defendant seeking the payment of the transfer money under the Seoul Central District Court Decision 2007 tea474, and the Defendant received the payment order from the above court on May 17, 2007, “The Defendant was issued an order to pay 15,446,021 won and 7,373,98 won among them, and 20% annual interest rate from April 25, 2007 to the date of full payment, and the Defendant was served on June 207, 2006.”

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