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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. Determination as to the cause of claim
A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statement No. 1.
(1) On September 15, 2001, the Defendant unpaid the card loan amounting to KRW 2,800,000 and KRW 592,150 from Samsung Capital on February 20, 2001, and around that time, unpaid KRW 54,400 and Hyundai Capital Credit Loans amounting to KRW 674,947.
(2) The Korea Asset Management Corporation, Hyundai Capital, and Samsung Capital, on March 31, 2003, transferred each of the above claims against the Defendant on April 30, 2003, and around that time notified the Defendant of the assignment of claims.
(3) On May 13, 2005, the Korea Asset Management Corporation, Cho Heung Bank, and Samsung Card transferred each of the above claims to the Plaintiff, and on June 16, 2005, notified the Defendant of the assignment of claims respectively.
The Plaintiff’s claims against the Defendant as of December 22, 2015 are as follows: (a) the Plaintiff’s claims against the Defendant as of December 22, 2015, including KRW 4,121,497,497, and KRW 2,850,00,000, KRW 54,400,388, KRW 56,283,000, KRW 592,150,150; (b) 1,610,09,947, KRW 474,947; and (c) the Plaintiff’s claims against the Defendant.
B. According to the above facts, the defendant is obligated to pay to the plaintiff 13,637,776 won (=the remaining principal interest of KRW 4,121,497 at interest rate of KRW 9,516,279) and the remaining principal of KRW 4,121,497 at the rate of 17% per annum that the plaintiff seeks within the scope of the agreement from December 23, 2015 to the date of full payment.
2. The defendant asserts that the statute of limitations has expired since 16 years have passed since the defendant assumed the debt of this case.
According to the evidence No. 1, the plaintiff filed a lawsuit against the defendant for the payment of each of the claims of this case as Seoul Northern District Court 2006 Ghana5051, and the above court citing the plaintiff's claim amount on April 5, 2006.