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(영문) 부산지방법원 2019.07.10 2018나6003
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. As indicated below, the Defendant either obtained a credit card loan from the relevant financial institution or obtained a credit card, and as of April 1, 2008, the principal balance and overdue interest of each credit are as listed below, and the delay damages from April 2, 2008 are 17% per annum.

The credit card loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan.

B. On May 13, 2005, the Plaintiff acquired all of the above claims from the relevant financial institution, and notified the Defendant of the assignment of claims at that time.

C. On April 2, 2008, the Plaintiff filed an application with the Defendant for the instant payment order seeking payment of each of the above claims with the Busan District Court Decision 2008Da123601, Apr. 2, 2008. However, since the payment order was not served on the Defendant, the Plaintiff was cultivated as the above court 2008Gada293085.

On November 27, 2008, the above court rendered a judgment in favor of the plaintiff on November 27, 2008.

E. The Defendant filed a subsequent appeal on November 15, 2018.

【Reason for Recognition】 Each description of evidence Nos. 1 through 7 (including branch numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff who acquired each of the above claims the balance of the principal and interest of each claim and the damages for delay as to the remaining principal and interest.

B. The Defendant’s defense of extinctive prescription is that each of the above claims alleged by the Defendant is a commercial claim, and extinctive prescription has expired.

(2) (A) Each of the above financial institutions shall be determined.

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