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(영문) 서울북부지방법원 2017.09.29 2017나32204

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 3,317,678 and KRW 2,579,064 among the Plaintiff and the Plaintiff’s KRW 2,579,064 on May 31, 2016.

Reasons

1. Determination as to the cause of claim

A. 1) The Defendant, around August 23, 2013, is a lot card Co., Ltd. (hereinafter “slot card”).

(2) On October 2, 2014, the Defendant applied for credit recovery support to the Credit Counseling and Recovery Service around October 2, 2014 while entering into a credit card membership agreement with each other and received credit cards around that time. The Defendant’s debt amount as stated in the above application is equivalent to KRW 3,00,000.

3) The Defendant, with the consent of creditors, authorized the repayment plan to repay KRW 533,411 per month during the 96-month repayment period according to the Credit Counseling and Recovery Commission’s resolution. At the time of authorization of the above repayment plan, the amount of the credit prior to the Defendant’s repayment plan was KRW 3,028,352 (= Principal KRW 2,592,567; KRW 34,848; overdue interest KRW 400,937). On May 27, 2015, the Defendant transferred the claim against the Defendant for the principal and interest of the loan to the Plaintiff around June 10, 2015. The Plaintiff notified the Defendant of the trust agreement (the trust agreement from June 11, 2015 to June 17, 2015) between the UN Investment Securities Co., Ltd. and the Defendant of the above trust agreement (the trust agreement from June 11, 2015 to June 2015).

5) The Defendant did not pay a debt in accordance with the Credit Counseling and Recovery Commission’s resolution of debt settlement, and accordingly, the credit recovery support was invalidated on August 6, 2015.

B. According to the above facts of determination, the Defendant claimed the amount as principal due to the Defendant’s repayment of part of the principal amount to the Plaintiff, who received the Defendant’s principal and interest of loan from a slot Card [the principal amount = KRW 2,579,064 (the principal amount before debt settlement was KRW 2,592,567).