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(영문) 서울동부지방법원 2018.10.10 2018가단124844

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 52,978,229 and the interest rate of KRW 15% per annum from June 13, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On May 9, 2012, the National Federation of Fisheries Cooperatives (hereinafter “AF”) entered into an agreement with Defendant setting the credit limit of one billion won and the credit period expired on May 9, 2013. The National Federation of Fisheries Cooperatives (hereinafter “AF”) carried out a loan thereafter. The loans thereafter remain worth KRW 47,885,696 as of April 12, 2018.

B. On May 10, 2012, the Defendant subscribed to credit card holders with a credit card and used the credit card accordingly. The credit card payment liability remains in KRW 5,092,533 as of April 12, 2018.

C. On November 26, 2013, the Suhyup transferred the above loans and credit card claims against the Defendant to the Plaintiff, and the said company transferred the above claims against the Defendant on September 6, 2017, and each of the above claims was notified to the Defendant at the time of the transfer of each of the above claims.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 3, purport of the whole pleadings]

2. According to the above facts, the Defendant is obligated to pay the Plaintiff, who is the final transferee of the above loans and credit card claims, a total of KRW 52,978,229 (= KRW 47,885,696, KRW 5,092,533) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 13, 2018 to the date of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.