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(영문) 서울남부지방법원 2017.07.20 2016나7475
양수금
Text

1. The judgment of the first instance is modified as follows according to the succession participation made by this court.

The plaintiff.

Reasons

1. Basic facts

A. The Defendant concluded a membership agreement with a foreign exchange credit card company (hereinafter “foreign exchange credit card”) and used a credit card.

B. On March 10, 1998, the Defendant delayed the repayment of the credit card price. Around December 5, 1998, the foreign exchange credit card was sentenced to the judgment of the above court that “the Defendant shall pay to the foreign exchange credit card 6,272,633 won and 4,094,000 won in an annual rate of 25% from December 5, 1997 to the date of full payment.”

C. Busan 2 Mutual Savings Bank (hereinafter “U.S. 2 Mutual Savings Bank”) received the above credit card payment claim from the foreign exchange credit card, and filed the instant lawsuit on January 16, 2008 to interrupt extinctive prescription, and sentenced on April 25, 2008 to “the Defendant shall pay to Busan 2 Mutual Savings Bank 4,094,000 won with the interest of 20% per annum from April 18, 2008 to the day of full payment”.

Plaintiff

On August 26, 2011, a successor intervenor was transferred the contractual status of the defendant of Busan 2 Mutual Savings Bank according to the Financial Services Commission's decision of contract transfer in accordance with Article 14 (2) of the Act on the Structural Improvement of the Financial Industry and Article 24 (2) of the Mutual Savings Banks Act, and publicly announced such fact in two daily newspapers, including Korean economy and daily economy.

E. Since Busan 2 Mutual Savings Bank was declared bankrupt on March 7, 2012, the Plaintiff was appointed as a trustee in bankruptcy.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, significant facts in this court, purport of the whole pleadings

2. Determination

A. The Busan 2 Mutual Savings Bank filed the instant lawsuit against the Defendant for the interruption of extinctive prescription of a credit card payment claim. The Plaintiff’s succeeding intervenor pursuant to the decision on August 26, 201 on the transfer of contracts by the Financial Services Commission.

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