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(영문) 서울중앙지방법원 2018.06.14 2017나76229
양수금
Text

1. The part of the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On February 25, 2003, the Defendant obtained a credit card from the National Bank of Korea and did not pay the card price of KRW 2,661,072 and interest thereon. On October 25, 2006, the National Bank of Korea (hereinafter “Korea National Bank”) transferred a credit card payment claim against the Defendant to the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) and notified the Defendant of each of the above assignment of credit.

B. On August 31, 2007, the Solomon Savings Bank filed a lawsuit against the Defendant with the Seoul Central District Court 2007 Ghana1740497, and sentenced on August 31, 2007, that “the Defendant shall pay to the Plaintiff ( Solomon Savings Bank) 6,975,871 won and 2,661,072 won among them at the rate of 24% per annum from May 9, 2007 to the day of full payment.” The judgment was finalized on October 12, 2007.

C. On April 10, 2009, the Solomon Savings Bank transferred the credit card payment claim that was final and conclusive to the Plaintiff. On July 21, 2017, the Plaintiff was delegated with the power to notify the assignment of claims from the Solomon Savings Bank and notified the Defendant of the assignment of claims.

As of June 8, 2017, the principal and interest of the credit card payment claim is KRW 11,819,305, and the principal and interest are KRW 2,661,072 among them.

【Ground of recognition】 Each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff, the final transferee of credit card payment claim the principal of KRW 11,819,305 and the principal of KRW 2,661,072 from June 9, 2017, at the rate of 15% per annum as the Plaintiff seeks from June 8, 2017, and the Plaintiff is also obligated to pay damages for delay at the rate of 15% per annum as the Plaintiff seeks from June 9, 2017, but the damages for delay incurred on the above base date is deemed to have already been included in the principal and interest of the claim.

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