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(영문) 서울중앙지방법원 2015.11.04 2015나3425
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff 12,367,347 won and 4,670 among them.

Reasons

1. Indication of claim;

A. The Defendant used a credit card issued from the Korea C&T Bank, and failed to pay the price. On August 11, 2006, the Korea C&T Bank transferred the above bonds to Solomon Mutual Savings Bank.

On February 16, 2008, Solomon Mutual Savings Bank applied for a payment order as Seoul Central District Court 2007 tea 41104, and on February 16, 2008, the payment order was finalized that "the defendant paid to Solomon Mutual Savings Bank 6,836,760 won and 4,670,239 won, whichever is about 19% per annum from December 29, 2007 to full payment."

Soon on December 5, 2013, Solomon Mutual Savings Bank transferred the above claim to the Plaintiff. As of December 5, 2013, the Plaintiff’s above claim against the Defendant is the principal amount of KRW 4,670,239, and KRW 7,697,108, total of KRW 12,367,347.

B. On October 24, 2001, Hyundai Capital Co., Ltd. lent KRW 6 million to the Defendant at an annual interest rate of 9% and an overdue interest rate of 24%. However, the Defendant lost the benefit of time due to failure to repay it at the time. Hyundai Capital Co., Ltd. transferred the above claim to the Plaintiff on July 1, 2010. As of December 5, 2013, the Plaintiff’s claim against the Defendant against the Defendant is KRW 5,412,749, totaling KRW 3,818,39, KRW 9,231,143.

C. The defendant obtained credit cards from the Japanese bank and used them.

The user was unable to pay the user fee, and the credit card loan was used, but the loan was not repaid.

The Plaintiff acquired the above bonds from a limited liability company specializing in the first securitization of Binfin, a limited liability company specializing in the first securitization of the bonds, and a company specializing in Korea-U.S. A.

As of December 5, 2013, credit card loan loans of the Plaintiff against the Defendant are 3,715,525 won in principal, 10,153,888 won in total, 13,869,413 won in total, and 3,386,863 won in principal, 10,237,039 won in total, and 13,623,902 won in total.

The defendant shall provide a new card in 2002.

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