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(영문) 대구지방법원 2020.11.18 2020나309102
양수금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The judgment of the court of first instance is rendered on March 1, 2019.

Reasons

1. Basic facts

A. On September 28, 2010, the Defendant bears the credit card payment obligation (the annual interest rate of 29%) of KRW 3,466,519 against C Co., Ltd. (hereinafter “C”).

B. C filed a lawsuit against the Defendant on December 30, 2008 (Tgu District Court 2008Dada376868). On April 17, 2009, the above court sentenced C to the judgment that “the Defendant shall pay C the amount calculated by the rate of 29% per annum from August 26, 2008 to the date of full payment” with respect to KRW 4,98,571 and 3,49,80 from August 26, 2008 to the date of full payment, and the above judgment was finalized on May 12, 2009.

(hereinafter the above judgment is referred to as "the judgment in a prior suit").

C’s credit card payment claim against the Defendant was transferred before the transfer, and the Plaintiff subsequently transferred the credit card payment claim on December 27, 2016, and the Plaintiff delegated the notification of the assignment of credit to the Defendant by content-certified mail around March 5, 2019.

On March 8, 2019, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the judgment in the previous suit.

On the other hand, as of March 8, 2019, the principal and interest of the credit card price as of March 8, 2019 is the total of KRW 10,883,430 (=principal interest of KRW 3,46,519 or overdue interest of KRW 7,416,91).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as requested by the Plaintiff within the scope of overdue interest rate calculated from March 15, 2019 to the day following the day of service of the original copy of the instant payment order, as requested by the Plaintiff, to the Plaintiff seeking an extension of the extinctive prescription period of the judgment claim against the instant credit card payment amount, which was based on the credit card amount as of March 8, 2019, for the purpose of extending the extinctive prescription period, barring special circumstances.

B. As to the defendant's assertion 1.

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