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(영문) 서울남부지방법원 2016.06.30 2016나51052
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 20, 1997, the Defendant applied for membership to a new card company (hereinafter “new card”) and obtained and used a credit card from a new card, and thereafter lost the benefit of time by delaying payment of the credit card use and credit card loan.

B. Accordingly, on March 9, 2005, a new card applied for a payment order against the Defendant with Seoul Southern District Court Decision 2005Da5229, the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) for the payment of the credit card use price and credit card loan loan, and on March 21, 2005, the payment order (hereinafter “previous payment order”) was issued on February 15, 2005 for KRW 40,480,560 to the new card and KRW 3,026,175 to the new card, and on KRW 21,891,200 from February 16, 2005 to the day of full payment. The above payment order became final and conclusive on April 9, 2005.

C. After that, on June 21, 2013, the new card transferred all of the credit card use proceeds and credit card loan loans to the Defendant (hereinafter “instant claim”) to the Plaintiff, and the Plaintiff was delegated with the power to notify the assignment of claims from the new card and notified the Defendant of the fact of the assignment of claims on December 16, 2014.

As of November 11, 2014, the instant claim that the Plaintiff acquired is the principal of KRW 24,917,375, interest of KRW 78,58,446, and the interest rate in arrears is 17% per annum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the ground of the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant claim, the total amount of principal and interest of KRW 103,505,821 (interest of KRW 24,917,375, KRW 78,446) and interest of KRW 24,917,375 (interest of KRW 24,917, KRW 375), whichever is the day following the base date for calculating the principal and interest, to delay damages calculated at the rate of 17% per annum from November 12, 2014 to the day of full payment.

B. Judgment on the defendant's assertion (1)

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