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(영문) 서울중앙지방법원 2018.04.17 2017나83838
양수금
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, 20% is borne by the Plaintiff, and the remainder is borne by the Defendant, respectively.

3...

Reasons

1. The Defendant, upon entering into a credit card contract with Choung-Hy Bank, lost the benefit of time due to delay in the use of the credit card while using the credit card.

After the transfer of credit, the Choung Bank merged with a new bank, and on June 30, 2001, the credit card payment claim was transferred to a limited liability company specializing in asset-backed securitization on the CBT on October 9, 2009, and the above limited liability company transferred the above claim to the Plaintiff on October 9, 2009, and the new bank of the CBT and CBT on the CBT on the 19th anniversary of the CBT, the limited liability company specialized in asset-backed securitization granted the notification of the transfer to the Plaintiff on October 9, 2009.

On November 19, 2013, the Plaintiff notified each transfer of the above claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 8, the purport of the whole pleadings

2. On February 17, 2015, the Plaintiff: (a) transferred the credit card payment claim to the Intervenor succeeding to the Plaintiff; and (b) notified the Defendant of the transfer of the credit card payment on April 17, 2015.

The Plaintiff and the Plaintiff’s succeeding intervenor seek the payment of the money stated in each claim as the assignee of the credit card payment claim.

Comprehensively taking account of the facts acknowledged earlier, the Defendant is obligated to pay to the Intervenor succeeding the Plaintiff 2,18,910 won and damages for delay calculated at the rate of 19% per annum from June 30, 1999 to the date of full payment.

The defendant's defense that the extinctive prescription of five years prior to the application for the payment order of this case has expired.

In light of the practice in the transfer of non-performing loans between financial institutions or the fact that the transfer of non-performing loans to other financial institutions is extremely exceptional, barring special circumstances, the credit card payment claims in this case are transferred to new banks at the latest.

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