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(영문) 서울동부지방법원 2018.08.24 2018나20370
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

A. Fact 1) The defendant was changed on April 15, 1994 to Seoul Trust Bank (Seoul Bank; hereinafter "Seoul Bank").

(2) On May 27, 2002, Seoul Bank filed a lawsuit against the Defendant for the payment of credit card bills with the Seoul Central District Court 2002 Ghana138431, and the judgment was made by service against the Defendant on October 1, 2002, and on October 1, 2002, “the Defendant was to pay to the Seoul Bank 3,237,711 won and 2,656,51 won from July 31, 1998 to July 31, 1999; 28% per annum from the following day to May 23, 2001; and 24.5% per annum from the next day to the date of full payment.” The judgment became final and conclusive on October 15, 202.

(3) After that, Seoul Bank was merged with Han Bank, and the credit card use payment claim was transferred in sequence to the Plaintiff on April 22, 2010 through Korea EF&A Specialized Asset-backed Securitization Co., Ltd., and Saturdays Mutual Savings Bank, and each notification of the assignment was made to the Defendant. (4) However, each of the above assignment assignment claims includes not only the original credit card use payment amount of 2,656,551 won, which was previously rendered judgment, but also damages for delay (interest on delay) other than the original credit card use payment amount of 2,656,56,51 won and overdue interest of 7,048,619 as of May 3, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

B. According to the above facts of recognition, the defendant delivered the instant payment order to the plaintiff, as requested by the plaintiff, as to KRW 9,705,170 and the original amount of KRW 2,656,551.

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