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(영문) 서울중앙지방법원 2016.08.12 2015나59732
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

1...

Reasons

1. In the first instance trial, the Plaintiff sought payment from the Defendant of the credit card company and Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”), and the court of the first instance accepted the claim on the claims that the Plaintiff acquired from the new card company and dismissed the claim on the claims that the Solomon Mutual Savings Bank acquired from the new card company.

Since only the plaintiff appealed on the part against the plaintiff, the subject of the judgment of this court is limited to the claim of the plaintiff on the claims that the plaintiff acquired from the Solomon Mutual Savings Bank.

2. The plaintiff's assertion and judgment asserted that solomon mutual savings bank has a credit card payment claim against the defendant, and that the plaintiff takes over the credit card payment claim from Solomon mutual savings bank.

According to the overall purport of the statements and arguments by Gap evidence Nos. 2-1, 2, and 3, under the premise that Solomon Mutual Savings Bank has a credit card payment claim of KRW 1,817,664 against the defendant, it shall be transferred on December 10, 2009 to the plaintiff on the premise that the defendant has a credit card payment claim of KRW 1,817,64, and on May 4, 2010, it shall be deemed that the notice stating the above assignment of claims was sent to the defendant's domicile, but no further evidence exists to prove that Solomon Mutual Savings Bank has a credit card payment claim against the defendant. The plaintiff's above assertion is without merit.

3. Accordingly, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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