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(영문) 서울중앙지방법원 2017.11.27 2016나11065

양수금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Facts of recognition

On May 31, 1993, the Defendant obtained a credit card from Choung Bank, and delayed payment of the credit card price (or small credit loan). On July 4, 2005, Choung Bank transferred the credit card price claim against the Defendant to a limited-liability company specializing in the dives primary securitization (hereinafter referred to as “the dives primary company”).

On January 26, 2006, the appeal against the Defendant was filed by the Jeonju District Court No. 2006da6627, and on January 26, 2006, the said court rendered a decision of performance recommendation that “The Defendant shall pay to the Plaintiff 13,01,828 won and 8,402,210 won with an annual amount of 24.5% from January 17, 2006 to the full payment date,” and the said decision of performance recommendation was finalized on February 15, 2006.

On May 25, 2002, the Defendant: (a) obtained a credit card from a slot Card Co., Ltd. (hereinafter “Slick Card”); (b) delayed payment of the credit card price; and (c) filed a claim against the Defendant for the credit card use price under Jeonju District Court No. 2004Ga113446.

The above court rendered a judgment that "the defendant shall pay to the plaintiff 3,226,665 won and 2,95,000 won with 28.8% interest per annum from March 14, 2004 to the date of full payment." The above judgment became final and conclusive around that time.

On June 2013, the Plaintiff acquired the above credit amount claim, and the credit card price claim from the cards, and received delegation from the above creditors of the notification of the assignment of claims, and notified the Defendant of the fact of the assignment of claims around that time.

As of June 10, 2016, the principal and interest of each credit that the Plaintiff acquired from the clinic No. 1 and the Bar Card are as listed below.

The overdue interest on the remaining principal of the bonds of the transferring financial institution (not later than June 10, 2015) 1 p.m. 8,351,620 won in small credit loans 22,116,749 won in 2 lot card 2,95.