양수금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
Claim:
1. Facts of recognition;
A. The Plaintiff is a corporation established pursuant to the provisions of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation in order to improve the soundness of the assets of financial institutions through support for the recovery of individual debtors who are bad credit holders and efficient disposal
B. The Defendant concluded a loan transaction agreement, a comprehensive passbook loan, and a credit card loan transaction agreement with B card and C Bank, and was liable for the loan debt while making each loan transaction.
C. D Co., Ltd. (hereinafter “D”) lent 13,247,482 won (the principal of the existing debt 12,849,482 won) to the Defendant on November 23, 2004 for the purpose of repayment of loans to creditor financial institutions with respect to the said existing debt, and was transferred from the said creditor financial institution’s status.
The Defendant agreed to lose the benefit of time when he received the above loan from D and did not implement the repayment plan. Since then, the interest rate was 6% per annum until the maturity date of the loan, 11% per annum in the case of overdue payment not exceeding three months, 17% per annum in the case of overdue payment not exceeding three months, and 17% per annum in the case of overdue payment exceeding three months.
E. On September 8, 2009, D applied for a payment order against the Defendant in Seoul Central District Court 2009 tea 59895, and “the Defendant shall pay D 18,195,916 won and 12,849,482 won among them at the rate of 17% per annum from September 8, 2009 to the date of complete payment.” The above payment order was served on the Defendant on September 21, 2009, and was finalized on October 6 of the same year.
F. D shall transfer the above credit held against the Defendant to the Plaintiff on January 26, 2018 under a credit acquisition agreement concluded pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, and the Plaintiff shall be the representative of D.