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(영문) 의정부지방법원 2016.10.27 2016나6072

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. The Defendant entered into a credit card transaction agreement or loan agreement with a financial institution as listed below. After doing so, the Defendant lost the profits of the above obligation due to the overdue payment of the credit card use price or loan.

On March 31, 2005, the credit card use price or the balance of loans as of March 31, 2005 are listed in the same Table.

(Units: 5,232,130 5,232,130 5,230,130 2 enterprise bank credit cards 8,09,594,099,594 3 Samsung Card No. 2,500,000 554,4772,554,477 4774 4,500,500 17,836,691 28,336,6915 EL Card No. 27514949,425,374, 375, 275, and 375 of the above Samsung Card No. 275149,475, 275, 275, and 1494, 275, and 37537,475, respectively.

On the other hand, on April 30, 2003, the Korea Asset Management Corporation acquired each of the claims listed in the No. 6 of the above Table from Hyundai Capital Co., Ltd., and from EL cards on June 30, 2003, it transferred the above claims to the Plaintiff on May 13, 2005, and notified the Defendant of each of the above claims assignment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13 (including each branch number, if any) and the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 17% per annum for the plaintiff within the scope of delay interest rate from April 1, 2005 to the date of full payment, which is the following day of the above basic date, as to the principal of the credit card use price or the principal of the loan 45,732,794 and its principal 33,707,324.

3. The defendant's assertion has completed the extinctive prescription of the above credit card use price or loan.