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(영문) 서울중앙지방법원 2018.07.27 2017나73169
양수금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is about KRW 17,015,426 to the plaintiff succeeding intervenor and September 2.

Reasons

1. A summary of the cause of the instant claim by the plaintiff and the plaintiff succeeding intervenor

A. On May 30, 2006, the Defendant received a loan from Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”) and did not repay the principal and interest thereof. As of March 6, 2017, the remainder of the principal and interest of the loan as of March 6, 2017 is KRW 5,38,482, and the interest for delay is KRW 15,371,50.

B. The Defendant either obtained a loan from the national card or used a credit card on March 6, 2017 with the balance of the principal of the loan or the balance of the use amount as of March 6, 2017, and interest for delay is KRW 7,182,757 in total.

C. Solomon Bank and national card transferred each of the above claims to the Plaintiff, and the Plaintiff transferred each of the above claims to the Intervenor succeeding to the Plaintiff.

2. recognised facts;

A. The Defendant obtained a loan from the National Card three times as indicated below, with a fixed rate of 23.9% per annum, or obtained a credit card and used it. As of March 6, 2017, each of the following obligations shall exist as of March 6, 2017.

The principal and interest of the principal and interest of the loan principal on the date of loan (the original credit card), 536,773 341,593 878,36 credit card on March 28, 2002 2,341,646 1,640,607 3,981,683 credit card 6,954,8205,200,5712,557 15,377 9,832,669, 757 17,015,4266

B. The national card is the Plaintiff on June 21, 2013.

The claims indicated in paragraph (1) (hereinafter “national card claims”) were transferred, and the Plaintiff was delegated with the authority to notify the assignment of claims from the national card and notified the Defendant of the assignment of claims on June 23, 2014.

C. Meanwhile, the Solomon Bank filed a lawsuit against the defendant with the Seoul Central District Court Decision 2007 Ghana1285648, and rendered a final judgment that "the defendant shall pay to Solomon Bank the amount calculated by the rate of 29.9% per annum from October 23, 2006 to the day of full payment" with respect to 9,049,463 won and 5,829,584 won among them (hereinafter referred to as "advance judgment"), and the judgment becomes final and conclusive.

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