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Reasons
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(영문) 서울중앙지방법원 2020.10.15 2019나64800
양수금
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1. Of the judgment of the court of first instance, regarding the Plaintiff’s KRW 18,101,216 and KRW 12,682,830 among them, from July 22, 2018.

Reasons

1. Facts of recognition;

A. On August 7, 2006, the Defendant entered into a credit card membership agreement with C Co., Ltd. (hereinafter “C”) and was issued a credit card around that time.

(2) At the time of a credit card membership agreement, the overdue interest rate was agreed to be 23% per annum.

1) On April 28, 2014, the Defendant filed an application for credit recovery support with D on or around April 28, 2014, and the Defendant’s debt amount with respect to C as stated in the above application is KRW 12,600,000. (2) On July 24, 2014, the Defendant decided to repay D’s debt amount for 89 months with the consent of creditors. At the time, the Defendant’s debt amount with respect to C is KRW 13,680,358.

3) Since then, the Defendant did not pay part of the amount in accordance with the debt settlement plan and the Defendant did not pay the amount in arrears. On November 5, 2015, the Defendant decided to pay the amount for 89 months in accordance with D’s new debt settlement plan with the consent of creditors. The Defendant’s principal of the Defendant’s debt to C is KRW 12,682,830 as of July 20, 2016 when deducting the amount partially paid. C. The Defendant’s principal and interest claim against the Defendant on May 29, 2014 (hereinafter “E”).

(D) The Plaintiff transferred to F Co., Ltd. (hereinafter “F”) on June 11, 2014, pursuant to the Plaintiff’s contract acceptance agreement, and the Plaintiff acquired the status of a transferee under the said contract of assignment of claims from E on June 13, 2014. (e) On June 11, 2014, the previous title of the instant contract, the Plaintiff entered into a monetary trust agreement (a trust agreement: from June 13, 2014 to June 13, 2015; hereinafter “instant trust agreement”) with F Co., Ltd. (hereinafter “F”) with the monetary claim trust agreement (a trust agreement: from June 13, 2014 to June 13, 2015; hereinafter “instant trust agreement”).

2) On August 18, 2014, the Plaintiff issued a notice of assignment of claims (Evidence No. 3; hereinafter “instant notice of assignment of claims”) to the Defendant, stating the fact of assignment of claims (C Plaintiff) and the fact of trust (Plaintiff F) by content-certified mail.

The dispatch was made.

The notice of assignment of claims of this case has the seals affixed to C and the Plaintiff’s seal impression.

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