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(영문) 서울중앙지방법원 2015.10.20 2015나36609
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

1. Facts of recognition;

A. The Defendant, while obtaining a credit card from Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”), did not delay the credit card use price (hereinafter “the instant card price”) from April 12, 1997.

B. On March 29, 2002, Gyeongnam Bank filed a lawsuit against the Defendant seeking payment of the instant card price (hereinafter “instant prior suit”) with the Ulsan District Court 2002Gaso34980 (hereinafter “Seoul District Court”).

The defendant was sentenced on September 3, 2002 that "the defendant shall pay 4,512,31 won to Gyeongnam Bank and 28% per annum from April 12, 1997 to May 25, 2001, and 24% per annum from the next day to the date of full payment."

This ruling is the same year.

9. 20. Finality was finalized.

C. Gyeongnam Bank set off the principal claim of the instant card price against the Defendant’s deposit claim against the Gyeongnam Bank in the amount of the principal claim, KRW 90 on September 11, 2002, and KRW 38,000 on December 27, 2002.

On February 26, 2003, the credit card payment claim of this case was transferred to the Plaintiff (the trade name was “Korea New Mutual Savings Bank,” and was changed to its trade name on September 10, 2010), and was transferred to the KIKO on March 26, 2003.

On June 28, 2005, the KPS limited liability company re-transfer the credit card price claim of this case to the Plaintiff.

The notification of transfer was made at the time of each assignment of claims.

E. As of September 3, 2012, the principal and interest of the instant card amount are KRW 21,803,962 in total (i.e., the remaining principal and interest of KRW 4,474,241 and delay damages KRW 17,329,721).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, Gap evidence 4, the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 21,803,962 as well as the remaining principal amount of KRW 4,474,241, which is the agreed interest rate, to the Plaintiff at the rate of 24% per annum from September 4, 2012, which is the agreed interest rate.

(b) Extinctive prescription;

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