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(영문) 대전지방법원 2017.05.11 2016나109213

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.

Reasons

Basic Facts

On June 16, 200, the Defendant subscribed to the National Agricultural Cooperative Federation as a credit card member, and used the overdue interest rate of 25% per annum with a credit card issued and used it. As of November 22, 2005, the Defendant’s obligation to use the card against the National Agricultural Cooperative Federation (hereinafter “the instant card payment”) is 34,892 won, including principal and late payment (3,581,531 won).

National Agricultural Cooperative Federation loans KRW 10,00,000 to the Defendant on February 19, 2001, respectively, at the interest rate of February 19, 2003; 13.25% per annum; and damages for delay rate of 18% per annum.

(hereinafter “instant loan”). The National Agricultural Cooperative Federation, as Seoul Central District Court 2005Da70375, filed an application against the Defendant for payment order seeking the payment of the instant loan and card price, interest thereon, etc.

(1) On January 2, 2006, the above court issued a payment order (hereinafter “instant payment order”) to the creditor for KRW 14,525,187 as well as KRW 10,00,00 from November 23, 2005 to January 11, 2006, which is the service date of the authentic copy of the payment order; KRW 20% per annum from the next day to the date of complete payment; KRW 3,581,531 per annum from November 23, 2005 to the date of complete payment; and the above payment order was served to the defendant on November 11, 2006 and became final and conclusive on January 26, 206.

On March 31, 2010, the National Agricultural Cooperative Federation transferred to the Plaintiff the instant loans, card payments, interest thereon, and other claims against the Defendant. On May 12, 2010, the National Agricultural Cooperative Federation sent a notice of assignment of claims to the Defendant by content-certified mail stating that the notice of assignment of claims is given to each of the above claims.

[Ground of recognition] The defendant does not have any dispute, each entry of Gap evidence 1 through Gap evidence 7, and the judgment of the court below as to the ground of claim of the whole pleadings, unless there are special circumstances.