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(영문) 수원지방법원 2017.08.24 2016나54992

양수금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On June 8, 1993, the Defendant issued a credit card at the subsidiary office of the National Bank of Korea on the part of June 8, 1993 and did not pay the amount. On June 21, 2000, the Defendant used the credit card with the new credit card and did not pay the amount.

B. On April 10, 2009, on June 21, 2013, the Plaintiff acquired each credit card user’s claim against the Defendant from the said national bank, and notified the Defendant of the fact of transferring the claim with a content certification on November 24, 2014.

C. Specific details based on July 13, 2014 regarding the claims that the Plaintiff acquired by transfer are as follows.

On the other hand, at the time of concluding a credit card contract with a national bank and a new credit card, the defendant paid late payment in accordance with the overdue interest rate set by the creditor financial institution. The overdue interest rate applied by the plaintiff to the loan is 17% per annum as the minimum overdue interest rate among the overdue interest rate in a financial institution.

The fact that the balance of the loan (original) borrowed (original) with the name of the transferring institution does not dispute the 11,595,947 16,317,155, the new card 12,705,319, 37,270,490 on February 27, 2009, total of 24,301,265,53,587,647,657,88,911 [founded grounds] on May 31, 2013; the fact that there is no dispute; the statement in Gap 1 through 7 (including the serial number; hereinafter the same shall apply); the purport of the whole pleadings;

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 77,88,911 as well as KRW 24,301,266 as the principal amount of KRW 24,301,266 as of July 14, 2014 as of the above base date, barring special circumstances.

B. As to the determination of the Defendant’s defense of extinctive prescription, the Defendant’s claim that was acquired from a national bank (hereinafter “instant claim 1”) out of the above claim that was acquired was partially distributed to the national bank on June 28, 2005, and the five-year extinctive prescription period has expired on June 28, 2010.