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(영문) 대전지방법원 2015.04.17 2014나105408

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 34,690,695 and KRW 22,058,527 among the Plaintiff and the Plaintiff’s KRW 22,058,527 on February 2014.

Reasons

1. Facts of recognition;

A. The Defendant concluded a credit card holder subscription contract with a new card company, Korea Card company, KBN card company, Hyundai Card company, Samsung Card Co., Ltd., Samsung Card Co., Ltd., and obtained and used each credit card. The Defendant borrowed KRW 50,000,000 from a national bank.

B. On January 17, 2012, Hyundai Card Co., Ltd. transferred KRW 2,59,802 of the claim against the Defendant as of January 17, 2012 to Hyundai Capital Co., Ltd., and notified the Defendant of the assignment of the claim on January 20, 2012, and notified the Defendant of the assignment of the claim, and then

C. As of May 31, 2013, the remaining principal of the Defendant’s obligation to use each of the above credit cards is KRW 6,086,620 for the new card company, KRW 4,98,020 for the us’s card, KRW 1,99,134 for the KFFE company, KRW 2,49,134 for Hyundai Capital Co., Ltd., KRW 2,495,710, for Samsung Card Co., Ltd., KRW 1,493,289 for the Samsung Card Co., Ltd., and KRW 1,635,220 for one card Co., Ltd., and the remaining principal of the obligation to use the above credit card is KRW 3,360,534.

On June 21, 2013, the Plaintiff acquired each of the above corresponding claims from the New Card Co., Ltd., Korea Card Co., Ltd., KFFFE, and Hyundai Capital Co., Ltd. on June 28, 2013, from Samsung Card Co., Ltd. and Han Card Co., Ltd. on June 28, 2013, from the National Bank of Korea on July 5, 2013, and upon delegation of the authority to notify the assignment of claims from the financial institution that transfers each of the above claims, the Plaintiff notified the Defendant of the fact of the assignment of claims and received the notification to the Defendant around that time.

E. The above rate of damages for delay is 17% per annum.

F. As of February 19, 2014, the sum of principal and interest of the claims that the Plaintiff acquired from a new card company as of February 19, 2014 (i.e., principal amounting to KRW 6,086,620 and delay damages amounting to KRW 2,775,101) and the claims that the Plaintiff acquired from our card.