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(영문) 서울중앙지방법원 2018.05.24 2017나51480

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. Facts of recognition;

A. The Defendant entered into a loan contract or credit card use contract with creditor financial institutions as indicated below.

On June 26, 2000, June 23, 2000, the date of the agreement for the separate loan of creditor financial institutions 1 ELN Card Co., Ltd. on the credit card transaction agreement, Samsung Card Co., Ltd., Ltd. on the credit card transaction agreement of Samsung Card Co., Ltd., Ltd. on the credit card transaction agreement on the 14 March 14, 2002, on the credit card transaction agreement of Samsung Card Co.,, Ltd. on Sep. 4, 2000 on the credit card transaction agreement of EL card Co.,, Ltd., Ltd. on Feb. 5, 2000 on the card loan loan agreement of EL card Co.,, Ltd., Ltd. on Dec. 6, 2000 on the card loan transaction agreement. < Amended by Presidential Decree No. 170083, Aug. 23, 201>

On March 31, 2003, Lone Card Co., Ltd and Hyundai Capital Co., Ltd. are the Korea Asset Management Corporation.

On July 9, 2003, Hyundai Capital Co., Ltd. notified the Defendant of the assignment of each of the above assignment of claims on May 3, 2003 and reached the Defendant around that time.

C. The Plaintiff on May 13, 2005, ELN Card Co., Ltd., Samsung Card Co., Ltd., Korea Card Co., Ltd, Korea Asset Management Corporation, and Korea Asset Management Corporation.

On June 16, 2005, each claim listed in the table Nos. 1 through 7 (hereinafter collectively referred to as the "claim of this case") was transferred, and notified the Defendant of the assignment of the claim and delivered it to the Defendant at that time.

On March 28, 2007, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the instant claim with the Changwon District Court. On April 1, 2005, the lower court sentenced the Plaintiff to the payment of the amount of KRW 61,93,911 and KRW 35,742,363 at a rate of 17% per annum from April 1, 2005 to the date of full payment (hereinafter “the judgment before the instant lawsuit”). The said judgment became final and conclusive on April 19, 2007.

E. The defendant of this case.