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(영문) 청주지방법원 2021.02.18 2020나1012

양수금

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The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

This Court shall reduce claims in accordance with this Court.

Reasons

1. Basic facts

A. On May 24, 200, the Defendant used a credit card issued by C Co., Ltd. (hereinafter “C”) and delayed payment of the card price. The principal of the card price in arrears was KRW 5,119,900.

B. Around July 10, 2002, C filed a lawsuit against the Defendant for the claim for the payment of credit card loans with the Cheongju District Court Branch Division 2002 Ghana Branch Office 2002 Ghana. On the same day, the above court decided to make a recommendation that “The Defendant shall pay C the amount of KRW 7,043,001 and KRW 5,119,90 among them, calculated at the rate of 24% per annum from June 19, 2002 to the date of full payment,” and the above recommendation decision became final and conclusive on September 4, 2002.

(c)

On October 10, 200, the Defendant used a credit card issued by D Co., Ltd. (hereinafter “D”) with the credit card, but failed to pay the card price after August 2001. The principal of the card price in arrears was KRW 1,905,600.

(d)

D Around September 19, 2003, the Cheongju District Court Decision 2003Na146 rendered a lawsuit against the Defendant for the payment of credit card bills. On the same day, the above court decided to make a recommendation for performance that “The Defendant shall pay D the amount of KRW 3,056,273 and the amount of KRW 1,905,60 per annum from September 2, 2003 to the date of full payment” that “The Defendant shall pay D the amount of money calculated at the rate of 28% per annum from September 2, 2003 to the date of full payment.” The above recommendation decision was finalized on October 8, 2003.

E. C and D Co., Ltd. concluded an agreement on the transfer of assets with E Co., Ltd. (hereinafter “E”) on October 24, 2003, and attempted to pay credit card bills to the Defendant (hereinafter “the instant bonds”). E transferred the instant bonds to the Plaintiff under the Asset-Backed Act on the same day, and the Plaintiff notified the Defendant of the transfer of the instant bonds by mail proving its content on December 18, 2003.

F. The Plaintiff’s delayed interest rate of 17% per annum, which is the minimum overdue interest rate of each agency transferring claims that the Plaintiff acquired from financial institutions, is autonomous.