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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.The reduction of claims by this court.
Reasons
1. Facts of recognition;
A. On March 2001, the Defendant entered into a credit card use contract with Samsung Card Co., Ltd. and around September 2001 with Korea Credit Card Co., Ltd. (former Light Bank Co., Ltd.) and used loan services.
B. Samsung Card Co., Ltd and Korea Credit Card Co., Ltd. transferred each of the instant credit cards claims to the Plaintiff on April 30, 2003; the said limited liability company to the promotion mutual savings bank on March 31, 2008; the said promotion mutual savings bank to the Plaintiff Co., Ltd. on December 28, 2011; and the said lending company transferred each of the instant credit cards claims to the Plaintiff on September 26, 2012; and around that time, notified the Defendant of the assignment of claims.
C. As of December 28, 2005, the instant card claims were in total of KRW 44,268,412 as of December 28, 2005, and the principal amount of KRW 24,957,100 among them.
On the other hand, around May 2006, a limited liability company specialized in Postal-backed securitization filed a lawsuit against the defendant against the defendant as Busan District Court Branching 2006Kadan25877, and the above court rendered a judgment on October 26, 2006 that "the defendant shall pay to the plaintiff 4,268,412 won and 24,957,100 won with interest of 20% per annum from May 28, 2006 to the date of full payment." The above judgment became final and conclusive on November 22, 2006.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 4,268,412 won and 24,957,100 won among them with 20% interest per annum from May 28, 2006 to the day of full payment, as requested by the plaintiff. The defendant has a duty to pay to the plaintiff 44,268,412 won with 24,957,100 won per annum, and
B. As to this, the Defendant asserts that the instant card claim expired as a commercial bond.
However, around May 2006, a limited liability company specialized in the Postal Securitization filed a lawsuit against the defendant in Incheon District Court Decision 2006Kadan25877, which is the transfer money claim against the defendant.