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(영문) 서울중앙지방법원 2018.11.09 2018가합509975

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 406,915,657 and the amount of KRW 235,59,41 from January 12, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On June 15, 2010, the Defendant entered into a loan transaction agreement with the Korea C&T Bank (hereinafter “Korea C&T Bank”) with a loan of KRW 275 million. The details are as follows.

Article 1 Terms and Conditions of Trade shall be as follows:

◆ 이자율: 주기별 변동금리 대출, 실행일 현재 연 6.4%로 매 3개월마다 변경 적용합니다.

Article 3(1) The overdue interest rate shall be applied by adding the additional interest rate for each overdue period to the interest rate under Article 1, but the minimum interest rate shall be 14% per annum, and the highest interest rate shall be 21% per annum.

(hereinafter omitted) (2) The additional interest rate for each overdue period under paragraph (1) shall apply 8% per annum if the overdue period is less than one month, 9% per annum if the overdue period is more than one month but less than three months, and 10% per annum if the overdue period is more than three months.

B. Meanwhile, on September 7, 200 and September 11, 2012, the Defendant entered into a credit card membership contract with the Korea CTR Bank and used each credit card after obtaining each credit card.

(Credit Card Number: B and C, above loans and credit card use fees, etc. (hereinafter referred to as “instant bonds”). (c)

On July 31, 2017, the Korea CTR Bank concluded an asset acquisition agreement with the Plaintiff on the transfer of the instant claim to the Plaintiff.

(hereinafter “instant transfer agreement”). On August 13, 2018, the Plaintiff received delegation from the Korea C&T Bank, and notified the Defendant of the assignment of claims, and the said notification reached the Defendant on September 14, 2018.

As of September 28, 2017, the instant claim remains in KRW 235,59,411, overdue interest amounting to KRW 171,316,246, and KRW 406,915,657, as indicated below, as of September 28, 2017.

Credit Card Use Claim (Credit Card Number B) 452,756,756, 453,300, 906,056,056 16% credit card Use Claim (Credit Card Number C) 15,146,655,727,21230,873,8673,867% of credit card Use Claim (Credit Card Number C) 220,00,00 155,75,727,212 30,873,867.