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(영문) 서울중앙지방법원 2018.05.30 2017나86257
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

Facts of recognition

A. The Defendant entered into a credit card use contract with a foreign exchange credit card company (hereinafter “foreign exchange credit card”), and received and used the credit card accordingly.

B. On September 26, 2003, foreign exchange credit cards were transferred to a mutual savings bank (hereinafter “promotion mutual savings bank”), the promotion mutual savings bank notified the Defendant on June 15, 201 to Koro New Loans Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd. on September 7, 2012, to mentortour Loans Co., Ltd., and to mentortour Loans Co., Ltd., to the Plaintiff on November 12, 2014. Foreign exchange credit cards were transferred to the Plaintiff on December 22, 2003; the promotion mutual savings bank was on November 22, 2011; and the promotion mutual savings bank was on Nov. 22, 2011; and mentor Loans were transferred to the Defendant on December 16, 2014.

C. On the other hand, on January 12, 2009, the promotion mutual savings bank filed a lawsuit against the defendant as Jeju District Court 2009 Ghana2289, and the above court rendered a judgment on June 19, 2009 that "the defendant shall pay to the promotion mutual savings bank 4,956,046 won and 2,08,99 won with interest of 20% per annum from June 3, 2009 to the date of full payment" and the above judgment was finalized on July 8, 2009.

(hereinafter “instant judgment”) D.

As of January 27, 2016, the credit card use-price claim of this case remains 8,107,731 won in total, 2,088,99, interest6,018,732 won.

[Grounds for recognition] According to the facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) and the facts of the above recognition as to the ground for a claim as a whole of the pleadings, the defendant is 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 1, 2016 to the date of complete payment, as the plaintiff seeks against the plaintiff as to the amount of KRW 8,107,731 and its amount of KRW 2,08,99, which is the day following the delivery date of a copy of the complaint of this case, unless there are special circumstances.

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