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(영문) 서울중앙지방법원 2016.04.22 2016가단12166
면책확인
Text

1. The defendant's interest rate of KRW 5,295,436 against the plaintiff and KRW 2,196,532 from March 16, 2006 to the day of full payment.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the entries in Gap evidence 1-1-3, Gap evidence 2, Eul evidence 3, Eul evidence 1, Eul evidence 2, Eul evidence 3, Eul evidence 6 (the same as Eul evidence 10) and Eul evidence 7.

On May 25, 200, the Plaintiff concluded an agreement with a credit card holder with the Peace Bank Co., Ltd., and received a credit card and did not pay the credit card amount. As of December 31, 2001, the Plaintiff bears the obligation of KRW 2,196,532 as of December 31, 201.

B. On December 31, 2001, the Korea Credit Card Co., Ltd., which has managed the claims of the Peace Bank, transferred the above credit card payment claims to the Plaintiff to a limited-liability company specialized in the next securitization of our financial system. The Korean Financial System was established on September 30, 2004 by the Defendant (the Korea Asset Management Corporation on August 31, 2004) (the Korea Asset Management Corporation was established on September 31, 2004) and changed its trade name to the Korea Asset Management Corporation on July 16, 2009, but changed to the trade name as of February 22, 201, the transfer of the above credit card payment claims against the Plaintiff to the Plaintiff and notification to the Plaintiff on October 7, 2004. However, the above notification was not directly delivered to the Plaintiff.

C. On March 24, 2006, the Defendant applied for a payment order against the Plaintiff to the Seoul Central District Court 2006Da21491, which sought payment of the credit card payment claim, but on August 7, 2006, the original copy of the payment order was not served on the Plaintiff, and was referred to the above court as a litigation procedure on August 7, 2006, and the above court (the Plaintiff in this case) proceeded with the above lawsuit by service, and paid to the Plaintiff (the Plaintiff in this case) 5,295,436 won and 2,196,532 won among them at the rate of 20% per annum from March 16, 2006 to the day of complete payment."

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