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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is a person who obtained credit cards from C Co., Ltd. and the Defendant is a limited company specializing in asset-backed securitization established under the Asset-Backed Securitization Act.
B. On May 13, 2005, the Defendant received from C Co., Ltd. (hereinafter “C”) a credit card use-price claim amounting to KRW 3,785,338 against the Plaintiff (hereinafter “the instant credit card transfer-price claim”), and on June 16, 2005, notified the Plaintiff of the assignment of the claim and sent the notification thereof to the Plaintiff at that time.
C. On January 209, the Plaintiff concluded a request for debt approval, adjustment and undertaking (hereinafter referred to as the “instant agreement”) with the Defendant and the instant amount of KRW 3,785,338,338, the total amount of KRW 9,625,65,65, the principal amount of KRW 3785,338,338, among the total amount of KRW 3,785,327, and KRW 9,625,65, and KRW 50,000 each month from February 20, 209 to April 20, 2015.
The main contents of the instant agreement are as follows.
1.As of January 16, 2009, I approve that, as the principal of Beneficiary A, the obligation amount of this case against Beneficiary as of January 16, 2009 is 3,785,338 won as follows:
2. I have no property owned by the current person and persons related to debt (including bonds, real estate, automobiles, etc. by law) and if you have performed as a separate repayment plan in accordance with the criteria set out by you, I will not exercise the right to claim any amount of debt subject to debt settlement in addition to the principal if you have performed as a separate repayment plan in accordance with the criteria set by you.
However, in the event of the default of the installment repayment on the date of installment repayment, you promise to pay interest under the interest rate on arrears presented by us.
4. If the principal of a special agreement fails to pay and repay the advance payment and the provisional payment within a specified period, the principal shall be entitled.