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(영문) 서울중앙지방법원 2019.03.26 2018가단5180655

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 118,376,090 and the amount of KRW 31,941,430 among them, from June 13, 2018 to the date of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. The facts of recognition 1) The Defendant received a credit card or received a loan as listed below, and as of December 6, 2007, the Defendant did not repay the principal stated in the column for the balance of loans under the same Table with respect to each of the loan contracts of this case as of December 6, 2007, and the overdue interest accrued around that time is the same as the amount indicated in the table for attempted interest column of the same Table (hereinafter “instant claim 1 through 6”), and “each of the instant claims” is called “each of the instant claims.”

A) On December 8, 2001, 1 C credit card No. 1,510, 2561, 401, 946 2D small credit card No. 53,592 3 E-based credit card No. 3,000,000, 953,5714 E-based credit card No. 1,910, 5441, 651, 780, 657, 651, 657, 657, 1567, 984 credit card No. 1,67, 984, 17, 137, 13846, 157, 1384, 137, 204, 2301, 1637, 474, 207, 204, 1307, 1637, 247, 2014

3) The financial institutions and the Korea Asset Management Corporation listed in the above table 1 through 5 transferred each of the instant claims to the Plaintiff on May 13, 2005 pursuant to the Asset-Backed Securitization Act, and the Plaintiff notified the Defendant of the above transfer on or around June 16, 2005 based on the above Act. 4) The overdue interest rate applicable to each of the instant claims from April 1, 2005 to each of the instant claims is 17% per annum.

5) On December 7, 2007, the Plaintiff filed an application with the Defendant for a payment order claiming the payment of the acquisition amount based on each of the claims of this case under Seoul Central District Court Decision 2007 tea38048 (hereinafter “instant payment order”).

However, due to the impossibility of being served on the defendant, the same court was referred to the litigation in 2008da128196.

The Seoul Central District Court on July 10, 2008.