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Reasons
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(영문) 서울중앙지방법원 2019.10.15 2018나49385
양수금
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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. Each of the financial institutions listed in the table below held against the Defendant the claim against the Defendant for each of the loan titles and the balance (hereinafter “instant claim No. 1”; D claims No. 2; and claims No. 3; and where each of the above claims is referred to as “each of the instant claims”; and each of the above financial institutions transferred each of the instant claims to each of the Plaintiff on June 28, 2013 (the instant claim No. 1); June 21, 2013 (the instant claim No. 2); and July 26, 2013 (the instant claim No. 3);

Table CD E

B. On June 4, 2018, the Plaintiff delegated the authority to notify the instant assignment of claims to the Defendant by content-certified mail.

C. As of January 18, 2018, the loan balance and overdue interest of each of the instant claims are as stated in each of the above Schedules, and the overdue interest rate applied thereafter is 15% per annum.

On the other hand, C Co., Ltd. filed a loan claim lawsuit against the Defendant (Seoul Central District Court 2009Gaso2879644) against the instant claim No. 1 and obtained a favorable judgment on August 25, 2010. D Co., Ltd. filed a lawsuit against the Defendant on the claim for the use of credit card, etc. (U.S. District Court 2008Gaso249521) against the instant claim No. 2 and received a favorable judgment on March 12, 2009. Co., Ltd. E filed a lawsuit against the Defendant on the claim for the use of credit card (Seoul Central District Court 2012Gaso1238080) against the Defendant on August 222, 2013, and each of the above judgments became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant shall add the principal and interest of each of the instant claims to the Plaintiff, the transferee of each of the instant claims, unless there are special circumstances.

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