양수금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. On March 19, 2002, the Defendant agreed to pay interest for delay of 24.50% per annum when concluding a credit card use contract with Choungung Bank Co., Ltd., and did not pay 3,71,147 won during the use with a credit card.
B. On July 4, 2005, Houng Bank Co., Ltd. transferred the said card price claim (hereinafter “the instant claim”) to a limited company specializing in the securitization of the clinic (hereinafter “non-party company”) (hereinafter “the instant claim”), and around that time notified the Defendant of the instant first claim assignment.
C. On December 22, 2005, the non-party company filed a lawsuit against the defendant for the payment of the claim of this case by Suwon District Court Decision 2005da45932, and received the decision of performance recommendation on January 20, 2006 (hereinafter “the decision of performance recommendation”).
On February 17, 2015, Nonparty Company transferred the instant claim to the Plaintiff (hereinafter “instant secondary assignment of claims”), and on April 17, 2015, notified the Defendant of the instant secondary assignment of claims.
E. The principal and interest of the instant claim is KRW 2,070,854 as of January 4, 2016, and KRW 10,138,594 as of January 4, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the facts of the judgment on the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the principal and interest of the instant claim KRW 12,209,448 and KRW 2,070,854, whichever is the day following the delivery of the duplicate of the instant complaint, 15% interest per annum from April 6, 2016 to the day of full payment.
3. Judgment on the defendant's defense
A. The Defendant asserted that the claim of this case was extinguished on the part of the principal amount of the claim of this case to the non-party company and exempted the remainder from the non-party company.