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(영문) 서울중앙지방법원 2016.08.26 2015가단193402

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 6, 1996, the Plaintiff entered into an agreement to join credit card holders with the Japanese bank and used credit cards.

B. On December 30, 1999, Japan Bank transferred the credit card use price claim of KRW 2,953,00, interest of KRW 658,952 to the Plaintiff to the Liquidation Corporation. The Liquidation Corporation again transferred the above claim to the Korea Asset Management Corporation on December 28, 200, and each transferor notified the Plaintiff of the transfer.

C. On September 13, 2001, the Korea Asset Management Corporation filed a lawsuit against the Plaintiff for the claim for the payment of the credit card usage price, and this court rendered a decision of performance recommendation on September 21, 2001, and confirmed on October 24, 2001.

(201 Ghana1480946) d.

On July 12, 2010, the Plaintiff approved that his/her debt amount is KRW 8,682,697 at the time, and that the debt amount is KRW 1,702,170 in installments over a total of 16 times from July 12, 2010, and the Korea Asset Management Corporation shall not claim the Plaintiff any remainder of the debt amount if the repayment plan is implemented in accordance with the installment repayment plan. If the Plaintiff delayed the payment of the installment amount for more than three months, he/she shall give up all profits from the approval of the installment repayment and shall immediately repay the remainder of the debt amount, and the Korea Asset Management Corporation approved it.

(hereinafter “instant installment repayment agreement”). The Plaintiff repaid the installment on four occasions from July 19, 2010 to October 29, 2010 pursuant to the said installment repayment plan, but thereafter, did not pay the installment thereafter.

E. On August 28, 2012, the Korea Asset Management Corporation transferred to the Defendant the credit card user fee claim (such as principal balance 2,520,980, interest and delay damages) against the Plaintiff, and notified the Plaintiff of the transfer.