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(영문) 창원지방법원 2017.06.15 2016나7153
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Judgment of the court of first instance No. 1-A

Reasons

1. Facts of recognition;

A. The Defendant did not pay 1,387,060 won for the principal of credit card payments under the Credit Card Use Contract concluded with Samsung F&I Co., Ltd., and 322,225 won for the interest accrued until April 29, 2003, and damages for delay calculated at the rate of 29% per annum from April 30, 2003 to April 29, 2003 to Samsung F&I Co., Ltd. (2) The Defendant did not pay ELIF Co., Ltd. 6,98,58,584 won for credit card payments under credit card use contract and large exchange loan loan contract and the principal amount for large exchange loans (i.e., 145,357 won, 6,853,227 won), interest accrued until April 29, 2003 (i.e., the interest rate of 158,748,289,294,7589).

B. The Samsung Capital Co., Ltd. transferred all of the credit card principal and interest claims to the Plaintiff on April 30, 2003, and around May 30, 2003, the Defendant notified the Defendant of the above credit card payment with a certificate with a fixed date. 2) The El Card Co., Ltd. transferred all of the credit card payments and the principal and interest claims of the large exchange loans to the Plaintiff on June 30, 2003, and notified the Defendant of the above credit transfer by a certificate with a fixed date on October 10, 203.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including each number), and the purport of the whole pleading

2. According to the facts of the above recognition, the defendant is obligated to pay to the plaintiff 10,296,593 won with 322,225 won with 6,98,584 won with 1,387,060 won with 29% interest per annum from April 30, 2003 to the day of full payment for 1,387,060 won with 25% interest per annum from June 30, 2003 to the day of full payment.

3. The plaintiff's claim against the defendant is justified.

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