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(영문) 서울중앙지방법원 2018.05.25 2017나18506

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. A. On October 25, 2000, the Defendant entered into a contract for subscription to credit card holders (23.5% per annum of overdue interest on payment) with Choung Bank Co., Ltd. (hereinafter “Mediation Bank”) and used credit cards.

B. From February 12, 2002, the Defendant delayed the payment of the credit card price. The principal of the credit card price claim in arrears at the time was KRW 3,665,204.

C. On November 14, 2002, Kiung Bank transferred the instant claim to a limited liability company specializing in the diversizing pressese securitization, and the Defendant transferred the instant claim to the same year.

3.20. 20. 20. The same year

4. 25.25., the same year;

5. 21. Each 100,000 won has been repaid and the principal has been paid in 3,265,204 won.

On May 24, 2005, the Defendant filed an application for commencing individual rehabilitation procedures with the Jeonju District Court 2005Hun-Ma4618, and rendered a decision to authorize the repayment plan on February 23, 2006 in the above case, and on the instant claim (the principal amount of KRW 3,265,204 as of May 20, 2005), the following provisional liability company was recorded in the list of creditors (the creditor number No. 1).

The above individual rehabilitation procedures were abolished on May 15, 2009.

E. Since then, on December 5, 2008, the instant claim was transferred to Korea Ltd., Ltd., and was notified to the Defendant on December 6, 2012. On October 18, 2013, MIM loan was transferred to the Defendant, and was notified to the Defendant on March 11, 2014. On April 17, 2015, the instant claim was transferred to the Plaintiff and was notified to the Defendant on April 18, 2016.

In addition, in this case, the plaintiff submitted a written notice of the assignment of each of the above assignment of claims to the defendant during the first instance trial, and each of the above assignment of claims was delivered to the defendant during the first instance trial.

F. Meanwhile, after the Defendant applied for commencement of individual rehabilitation procedures on May 24, 2005, the Defendant additionally repaid KRW 687,480 out of the principal of the instant claim.

As of April 18, 2016, the instant claim remains in KRW 12,110,964 in total, the principal amount of KRW 2,577,724, overdue interest of KRW 9,533,240.

[Ground of recognition] There is no dispute.