양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. Basic facts
A. On June 7, 1991, the Defendant did not pay the credit card price while obtaining a credit card from a foreign exchange credit card company (hereinafter “foreign exchange credit card”).
B. On March 7, 2003, the foreign exchange credit card transferred the above card price claim to the Estel foreign exchange card system, and notified the Defendant of the transfer of claim at that time. On March 12, 2004, the Estel foreign exchange card system and the third asset-backed securitization limited company transferred it to Busan Mutual Savings Bank (hereinafter “Stelsan Mutual Savings Bank”) and notified the Defendant of the transfer of claim at that time.
C. Pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry and Article 24(2) of the Mutual Savings Banks Act, Busan Mutual Savings Bank transferred the contractual status of the Defendant to the Plaintiff on the basis of B and publicly announced the decision on the transfer of the contract to the Plaintiff on a daily basis.
On the other hand, the foreign exchange credit card filed a lawsuit against the defendant as Seoul District Court 92 Ghana460244, and the above court rendered on November 12, 1992 that "the defendant shall pay to the plaintiff 3,268,751 won and 2,797,704 won with 23% interest per annum from September 5, 1992 to the date of full payment," and the above judgment became final and conclusive around that time.
E. After that, the foreign exchange credit card was provisionally attached to the real estate owned by the Defendant by the Seoul Central District Court 92Kadan4699, and the said real estate was filed by the Seoul Central District Court C real estate rental auction around January 1997.
F. Busan District Court 2006Gada1127271 filed a lawsuit against the defendant and the above court on March 2, 2006 shall be 20% per annum from March 7, 2006 to the day of complete payment with respect to the defendant 2,797,704 won and its amount.