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(영문) 부산지방법원 2017.09.22 2017나3755

양수금

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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. On August 20, 2002, a foreign exchange credit card company (hereinafter “foreign exchange credit card”) filed a lawsuit against the Defendant on August 20, 2002 with Busan District Court 2002Gaso64250, and on October 24, 2002, between the Defendant and the foreign exchange credit card company, the mediation was established that “the Defendant shall pay 1.4 million won to the foreign exchange credit card, on condition that the Defendant shall pay 1.4 million won to the foreign exchange credit card, on the last day of each month from November 30 to August 31, 2003. When the Defendant delays the payment of the above amount, the Defendant shall pay 1,384,340 won and 1,212,154 won to the Plaintiff at the rate of 24% per annum from August 10, 2002.”

(hereinafter referred to as "foreign exchange credit card" is entitled to receive the above credit card from the Defendant. B.

On March 7, 2003, foreign exchange credit card transferred the instant adjustment fund claim against the Defendant to a limited liability company specializing in the 3rd securitization of the 3rd foreign exchange card (hereinafter referred to as “the 3rd foreign exchange card”). On May 26, 2003, the notice of the above transfer was sent to the Defendant by content-certified mail, and the above notice was delivered around that time.

C. In addition, on March 12, 2004, the Ecasset Exchange Card transferred the instant adjustment payment claim to Busan 2 Mutual Savings Bank Co., Ltd. (the trade name after the alteration: Busan 2 Savings Bank; hereinafter “BB Savings Bank”). On May 24, 2004, the notice was sent to the Defendant by content-certified mail, and the above notice was issued around that time.

On the other hand, on August 26, 2011, the Financial Services Commission made a decision to transfer the instant adjusted amount claim to the Plaintiff pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, and the Plaintiff publicly announced the said decision to transfer a contract in two daily newspapers.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The cause of the action.