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(영문) 서울중앙지방법원 2020.04.24 2020가단5002260

양수금

Text

1. The defendant shall pay to the plaintiff 134,154,156 won and 61,809,557 won among them to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) The Defendant took loans from the C Card, D, or E Card, used credit cards, etc., and took charge of obligations such as loans, etc. as the “loan balance” column in the separate sheet on the principal and interest account statement.

(2) A card, D, and E card was transferred to the Plaintiff around June 2013, and thereafter, the notice of assignment of the claim was given to the Defendant.

(3) As of November 20, 2019, the Plaintiff’s respective claim against the Defendant as of November 20, 2019 is the sum of KRW 61,809,557, interest or overdue interest KRW 72,34,59, as indicated in the separate sheet on the principal and interest.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleading

B. According to the above facts of recognition, the defendant is obligated to repay the above amount of debt to the plaintiff.

2. Therefore, the Defendant is obligated to pay to the Plaintiff the Plaintiff the sum totaling KRW 134,154,156 and damages for delay calculated at the rate of 12% per annum that the Plaintiff seeks from November 21, 2019 to the date of full payment. As such, the Plaintiff’s claim of this case is justified.