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1. The defendant shall pay to the plaintiff the amount of KRW 144,813,542 and KRW 35,587,912 from November 21, 2019 to the day of full payment.
Reasons
1. Basic facts
A. On April 27, 1991, the Defendant applied for credit card subscription to B Co., Ltd. (hereinafter “B”) and used the credit card. The Defendant borrowed each of the loans worth KRW 10 million on July 18, 2001 and KRW 10 million on November 14, 2000.
(hereinafter the above credit card payments and loans claims are referred to as "each of the claims of this case"). B.
B A around March 15, 2005, around July 15, 2005, transferred each of the instant claims to C Co., Ltd. (hereinafter “C”) and sent a notice of assignment of claims to the Defendant around July 15, 2005.
C. C filed a lawsuit with the Seoul Central District Court No. 2010Da302546, Nov. 26, 2010, the Plaintiff filed a lawsuit with C to seek the payment of the acquisition amount. On November 26, 2010, the Plaintiff was sentenced to a judgment with respect to KRW 22% per annum for KRW 86,679,312 and KRW 14,994,829 among them, and KRW 22% per annum for KRW 10,298,125 and KRW 10,294,958, with respect to KRW 19% per annum, and the foregoing judgment became final and conclusive on December 17, 2010.
C around October 29, 2015, around October 29, 2015, transferred each of the instant claims to the Plaintiff and sent a notice of assignment of claims to the Defendant by content-certified mail around February 1, 2016.
E. The details of principal and interest as of November 20, 2019 of each of the instant claims are as indicated in the attached Table.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay the Plaintiff, the assignee of each of the instant claims, the total amount of KRW 144,813,542, and the principal amount of KRW 35,587,912, as well as damages for delay calculated by 12% per annum from November 21, 2019 to the date of full payment.
B. As to the above, the defendant alleged that there was no notice of assignment of claims concerning each of the claims of this case, but since the notice of assignment of claims sent by B and C is not deemed to have been returned, it can be presumed that the notice was served to the defendant
Supreme Court Decision 201Da1448 delivered on February 25, 1997