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(영문) 서울중앙지방법원 2015.09.16 2015나6271

양수금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

A. On March 9, 2007, the Defendant, after joining a credit card with the new credit card company, used the credit card issued by the said company and failed to fully pay the fees. The new credit card company transferred its claims against the Defendant to the Plaintiff, and notified the Defendant of the assignment of claims.

B. On October 7, 2005, the Defendant used a credit card issued after filing an application for membership with Samsung Card Co., Ltd., and failed to fully pay the usage fees. Samsung Card Co., Ltd transferred its claim against the Defendant to the Plaintiff, and notified the Defendant of the assignment of claim.

C. Around February 7, 2002, the Defendant borrowed KRW 10 million from Han Han Bank Co., Ltd. (hereinafter “Korea Bank”) at the interest rate plus 4% per annum of fixed interest rate lending base rate, 19% per annum, and the final repayment date as of February 28, 2003.

Our Bank transferred the above claim against the defendant to Hyundai Switzerland Savings Bank Co., Ltd. (hereinafter referred to as the "SB Savings Bank"), and the above Savings Bank transferred the above claim to the plaintiff again and notified each of the claims assignment. D.

The overdue interest rate determined by the Plaintiff is 17% per annum within the scope of the overdue interest rate on credit cards and the overdue interest rate on the loan.

The balance of the loan extended to the transferor of a credit card company, 4,493,160 won, 4,881,652 won, 9,374,812,785 won, 9,698,618,611,403 won Samsung Samsung Card Co., Ltd., 1,481, 396 won, 16, 2452 won, 661, 666 won, 16, 666 won, 731,51,52 won, 207 won, 16,481, 396 won, 245, 303 won, 16, 661, 66 won, 731,518 won, 202

E. As of February 24, 2014, the Defendant’s obligations against the Plaintiff are as follows.

[Grounds for recognition] Each entry of Gap 1 through 8 (including paper numbers) and the purport of the whole pleadings.

2. According to the above facts of recognition, the defendant is the plaintiff and 12,620.