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(영문) 서울북부지방법원 2020.02.18 2019나31809

양수금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On February 13, 2013, Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) entered into a credit agreement with the Industrial Bank of Korea on an application for membership cards (hereinafter “instant credit card agreement”) with which the Defendant Company would simultaneously comply with the Industrial Bank of Korea’s rate of delay damages determined by the Industrial Bank of Korea (hereinafter “instant credit card agreement”) and issued two credit cards from the Industrial Bank of Korea. Defendant D, the representative director of the Defendant Company, guaranteed the Defendant Company’s debt owed to the Industrial Bank of Korea under the instant credit card agreement.

B. Until July 9, 2013, Defendant Company used the credit card issued by the Industrial Bank of Korea, and subsequently, lost the benefit of time under the terms and conditions of the credit card contract for corporate members upon delinquency in payment of the credit card price.

C. On May 28, 2015, the Industrial Bank of Korea transferred claims under the instant credit card contract (hereinafter “the first credit transfer”) to E Co., Ltd. (hereinafter “E”), and E transferred claims under the instant credit card contract (hereinafter “the second credit transfer”) to the Plaintiff on July 25, 2016.

E delegated the notification of the assignment of claims to the Plaintiff, and the Plaintiff sent the notification of the assignment of claims to the Plaintiff on August 12, 2016 under the name of the Industrial Bank of Korea and the name of the Plaintiff delegated by E, and the main contents of the notification are as follows.

In addition, on May 28, 2015, the Industrial Bank of Korea transferred all of the personal (credit) information and all of its incidental rights related to the claims and claims which it has against you, to E Co., Ltd. under the bonds transfer contract. On July 25, 2016, the Industrial Bank of Korea again transferred the claims subject to transfer to A Co., Ltd. under the bonds transfer contract.

Therefore, the transferee A limited liability company Article 6(1) of the Credit Transfer Contract.