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(영문) 서울중앙지방법원 2018.06.07 2017나78782

양수금

Text

1. Revocation of the first instance judgment.

2. As to KRW 6,610,325 among the Plaintiff and KRW 1,695,852 among the Plaintiff, the Defendant shall on December 2016.

Reasons

1. Indication of claim;

A. (i) On July 31, 2003, foreign exchange credit card companies transferred to the Defendant a credit card payment claim against the Defendant (hereinafter “instant claim”).

The Seoul Eastern District Court 2005 tea3976 rendered an application against the defendant for the order to pay the acquisition amount, but the above court 2006 Ghana20830. On February 7, 2007, the above court sentenced on February 2007 that "the defendant shall pay to the limited liability company specializing in EMM-backed securitization 2,582 won and 1,695,852 won with 20% interest per annum from February 15, 2005 to the day of full payment," which became final and conclusive on February 23, 2007.

B. (1) On May 7, 2007, the KMM company specialized in the KMM company transferred the instant bonds to the KMmon Mutual Savings Bank in succession (principal 1,695,852, interest 1,649,146, and 390,640,640 won) on May 8, 2007.

on October 30, 2009, Solomon Mutual Savings Bank transferred the instant claim [2,086,492 won of the principal (which shall be deemed to be the sum of KRW 1,695,852 won of the principal and KRW 390,640 of the provisional payment)] to the Plaintiff (hereinafter “Plaintiff”) on March 26, 2013, regardless of the mutual change; hereinafter the same shall apply], and the Plaintiff was delegated by Solomon Mutual Savings Bank to notify the Defendant of the said assignment of the said assignment of claim. < Amended by Act No. 10213, May 4, 2010>

C. The balance of the instant claim as of December 22, 2016 is the principal amount of KRW 1,695,852, overdue interest of KRW 4,914,473.

The overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on purchased bonds is 17% per annum.

E. The instant lawsuit (order for Payment) aims at interrupting the extinctive prescription of the said Seoul Eastern District Court Decision 2006Gaso20830.