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(영문) 서울중앙지방법원 2018.10.02 2018나3938
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. Facts of recognition;

A. On October 2002, the Defendant entered into a credit card subscription agreement with Hyundai Card Co., Ltd. (hereinafter “NPC”) and issued a credit card to engage in credit transaction, such as purchase by installment, and thereafter delayed payment of the said credit card payment claim (hereinafter “the instant claim”).

B. ① On May 29, 2003, Hyundai Card transferred the instant claim to a mutual savings bank for promotion (hereinafter “Promotion Bank”) and notified the Defendant of the fact of the assignment of the instant claim on July 26, 2003 by mail. ② On November 30, 2011, the Promotion Bank transferred the instant claim to a limited-liability company partnership loan (hereinafter “foreign loan”) and notified the Defendant of the content-certified mail on June 11, 2012 with the authority to notify the Promotion Bank of the transfer, and ③ Hansung Loans were transferred to the Plaintiff on July 30, 2013, and Hansung Loans were given to the Plaintiff by mail with the authority to notify the transfer to the Promotion Bank and notified the Plaintiff of the fact that Hansung Loans were transferred to the Defendant by mail.

C. On February 28, 2007, the Plaintiff filed an application for individual rehabilitation with the Gwangju District Court 2007Dag7263, and entered the creditor promotion bank of the instant claim at the time of the creditor’s claim and the instant claim in the creditor’s list. On July 31, 2007, the Plaintiff was ordered to commence individual rehabilitation and was decided to authorize the repayment plan on July 22, 2008.

However, the above individual rehabilitation procedure was abolished on December 22, 2008.

As of June 15, 2016, the instant claim remains 21,553,057 won in total, including the principal amount of KRW 4,922,07, overdue interest of KRW 16,630,980, etc.

[Ground of Recognition] A without dispute, Gap evidence 1 through 7, and 9 [including virtual number, Gap evidence 1 (application for credit card entry), Gap evidence 5, and this court.

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