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(영문) 서울동부지방법원 2014.11.07 2014가단101980
양수금
Text

1. The defendant shall pay to the plaintiff KRW 35,16,115 and KRW 8,927,246 among them, from December 6, 2013 to the day of full payment.

Reasons

Plaintiff’s assertion

The plaintiff asserts as the cause of the claim of this case as shown in the annexed sheet.

The Plaintiff asserts that the Plaintiff acquired the obligation of the loans of KRW 27,109,588 and KRW 27,071,283 from Tweon Loan Co., Ltd. due to the cause of the above part of the claim, that the Plaintiff acquired the obligation of KRW 27,109,58 and KRW 27,071,283 from Tweon Loan Co., Ltd.

According to the statements in Gap 3-1, and 4, Tyman Loan Co., Ltd., on Jun. 29, 2012, it is recognized that on Nov. 25, 2011, the plaintiff transferred the above assignment of claims to the defendant on Nov. 25, 201 and Nov. 25, 201, and notified the defendant on Oct. 17, 2012.

However, in light of the fact that Tyman Loan Co., Ltd. lent KRW 20 million to the Defendant on November 25, 201, and KRW 19,971,740, there is no evidence to acknowledge it. Rather, according to each of the statements in Gap 1, 8-1, and 8-2, it is recognized that the Korea Light Bank Co., Ltd. (Revised Bank Co., Ltd.) loaned KRW 20 million to the Defendant on March 30, 2002 as a household ordinary loan subject; the due date was March 30, 2003; the due date was 19% per annum; the due date was 20 million to the Defendant on the same day; the due date was 30 million to the due date; and the due date was 30,000 won to the Defendant on March 30, 2003; and the delay interest rate was 19% per annum.

Thus, the above claim for the amount of the above loan against the defendant Tweon Loan Co., Ltd. on the premise that each of the above loan claims exists shall not be accepted.

Comprehensively taking account of each of the statements and arguments set forth in Gap's claim of KRW 26,46,968 from the new card company and the whole purport of all the arguments, the new card company entered into an agreement with the defendant to join the credit card and issued the credit card to the defendant on March 11, 1997, and the defendant did not fully pay the credit card price of KRW 26,446,968 as of December 5, 2013 (i.e., principal amount of KRW 7,051,054,054 and delay damages).

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