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(영문) 서울중앙지방법원 2018.04.17 2017나53400

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

[Claim]

Reasons

1. While the Defendant entered into a credit card subscription agreement with the CT Bank (hereinafter “CT Bank”) with the CT Bank, the Defendant delayed payment due to the failure to pay the credit card user fees and loans from April 2013, and lost the benefit of time on July 2013.

On March 22, 2016, CTR Bank transferred its claim against the Defendant, including the above credit card use price, to the Plaintiff. On June 2, 2016, the Plaintiff was granted the authority to notify the Defendant of the transfer on June 2, 2016, and notified the Defendant of the transfer of the loan amounting to KRW 2,963,172 [the total amount of principal = KRW 1,685,627 (the total amount of principal KRW 1,685,627 (the CTR ice Card 347,123), 1,278,085 (the CTR ice Card 1,019,058), and the Plaintiff was notified of the transfer of the loan amounting to KRW 2,963,172 (the card 3,00,027). The Plaintiff submitted the notice of the transfer of the claim to the Defendant as evidence during the instant lawsuit (the notice of the transfer of the claim).

After the above date, 51,339 won, including damages for delay, was incurred even after July 29, 2016.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 7, Eul evidence No. 6 (including each number with various numbers), and the court's order to submit financial transaction information to Cmat Bank Co., Ltd., the purport of the whole pleadings

2. Comprehensively taking account of the above facts of recognition, the Defendant shall pay to the Plaintiff KRW 3,015,051 (i.e., KRW 2,963,712 KRW 51,339) and damages for delay calculated by the rate of KRW 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 18, 2016 to the date of full payment after the complaint was served on the Defendant.