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(영문) 대전지방법원 2019.03.13 2018나105550
양수금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is ordered.

Reasons

1. Facts of recognition;

A. On July 22, 2002, the Defendant entered into a credit card membership agreement with C Co., Ltd. and used it upon obtaining a credit card, but began to delay the amount of credit card use since May 29, 2003.

As of October 24, 2003, the defendant's unpaid card use amount is 3,234,268 won, and the overdue interest rate of the credit card use price under the above contract is 28% per annum.

B. On October 24, 2003, C Co., Ltd. transferred the above credit card use price claim against the Defendant to D Co., Ltd., and delegated the authority to notify the transfer, and on the same day, D Co., Ltd transferred the above card use price claim to the Plaintiff again.

C. On December 18, 2003, the Plaintiff and D Co., Ltd. sent to the Defendant a notice of assignment of claims containing each of the above assignment of claims by content-certified mail.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, 9 through 11, and purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay to the Plaintiff, a transferee of the credit card the amount of KRW 3,234,268, and to pay the Plaintiff the amount of delay damages calculated at the rate of 17% per annum within the agreed rate from October 25, 2003 to July 17, 2013, which is the date of delivery of the complaint (payment order) from October 25, 2003, and the next day to September 30, 2015, which is the interest rate prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day until September 30, 2015, and the next day to the date of full payment.

3. Judgment on the defendant's assertion

A. 1) The Defendant asserts that the notice of assignment of claims was not given. 2) However, the fact that the Plaintiff and D Co., Ltd. sent the notice of assignment to the Defendant by content-certified mail is presumed to have been served unless there are special circumstances, such as return, etc. of documents sent by content-certified mail, and there is no other evidence to reverse the notice of assignment of claims.

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