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(영문) 서울중앙지방법원 2016.09.23 2015나64437

양수금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On November 12, 1996, the Defendant entered into a credit card subscription agreement with a housing bank on February 3, 199, and obtained and used each credit card from the national card and the housing bank, and failed to pay each credit card user fee.

B. Around October 15, 2002, the Defendant borrowed KRW 20,000,000 from a national bank as of October 15, 2003 on the expiry date of the loan. The Defendant failed to repay the loan.

C. On November 1, 2001, a national bank merged with a housing bank and comprehensively succeeds to the status of a housing bank.

The National Bank on August 25, 2004 above against the defendant.

A lawsuit seeking the payment of the credit card fee that the Defendant failed to pay (Seoul Western District Court 2004Kadan42688) was filed by the above court on December 21, 2004, and the above court rendered a favorable judgment that "the Defendant shall pay to the national bank 34,949,377 won and 25,850,087 won with the interest of 25% per annum from December 10, 2004 to the date of full payment," and the above judgment became final and conclusive on January 11, 2005.

E. The national card, which is a credit card company established in installments from the National Bank, is the Plaintiff on June 21, 2013.

subsections and d.

(2) The credit card user-price claim (25,340,987) against the Defendant was transferred to the Plaintiff, and the national bank was on July 5, 2013.

(20,632,076) was transferred to the Plaintiff a loan claim against the Defendant under paragraph (1).

F. As of August 12, 2014, the Plaintiff’s credit card usage-price claim against the Defendant remains at KRW 31,242,523 [A total of KRW 25,340,987 [A total of KRW 17,050,000 [A total of KRW 8,290,987] interest rate of KRW 5,901,536 [i.e., KRW 3,478,200] (= KRW 3,478,200; KRW 2,423,336]; the principal and interest of the loan claim remain at KRW 64,103,72 (= Principal KRW 20,632,076 interest rate of KRW 43,471,646].

On the other hand, the interest rate determined by the plaintiff is 17% per annum.

[Grounds for recognition] Each entry of Gap evidence 1 through 7 (including paper numbers) and the entire pleadings.