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(영문) 서울동부지방법원 2017.07.19 2016나27681

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. Determination as to the cause of claim

A. On September 25, 2002, while the Defendant entered into a credit card membership agreement with Samsung Card Co., Ltd. and was using a credit card, the Defendant borrowed a loan of KRW 21,820,000 as principal repayment card loan from Samsung Card Co., Ltd.

Samsung Card Co., Ltd. transferred claims under the above loan agreement to the Defendant to A.S. Specialized in A.S. Asset-backed Securitization on July 31, 2003. On September 5, 2003, the transferee specialized in A.S. Asset-backed Securitization Specialized in A.S. Asset-backed Securitization Co., Ltd. notified the Defendant by content-certified mail.

On May 6, 2008, a limited liability company specialized in Aras-backed securitization transferred the above bonds to a promotion mutual savings bank (the promotion mutual savings bank is changed to the promotion mutual savings bank), and notified the Defendant of its purport.

On December 28, 2011, the Promotion Savings Bank transferred the above bonds to AM deposit companies, and notified the Defendant of the transfer on March 7, 2012.

AM Co., Ltd. transferred the above bonds to the Plaintiff on September 26, 2012 and notified the Defendant thereof.

On March 18, 2005, the Seoul Eastern District Court 2005Ka2652 applied for a payment order against the defendant with respect to the above claims, and the payment order stating that "the defendant shall pay the defendant 28,625,047 won and 21,053,489 won among them at the rate of 20% per annum from the day after the delivery of the payment order to the day of full payment." The payment order was served on the defendant on April 2, 2005 and confirmed on April 2, 2005.

As of September 25, 2012, the sum of the principal and interest of the above bonds is KRW 64,121,598, and the principal is KRW 19,252,569.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4, purport of whole pleadings

B. According to the above facts of recognition, the Defendant calculated the Plaintiff at the rate of 20% per annum from September 26, 2012 to the date of full payment, as to KRW 64,121,598 and KRW 19,252,569.