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(영문) 서울중앙지방법원 2015.04.28 2014나35920
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. Determination on the cause of the claim

A. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 1-1, Gap evidence No. 2-4, Gap evidence No. 5-1, 5-2, and the whole purport of the arguments.

(1) On November 7, 2006, the Industrial Bank of Korea entered into a credit transaction agreement with the Defendant, the limit of 6,000,000,000, and credit card number B (hereinafter “the instant credit card use agreement”). On the same day, the Industrial Bank of Korea entered into a credit transaction agreement with the Defendant on the credit card use agreement with the Defendant (hereinafter “the instant loan agreement”). The Defendant stated “credit type loans for small and medium enterprises, credit limit of 46,00,000,000, and credit period of November 6, 2009, annual interest rate of 7.0%, interest rate of 7.0%, and late interest rate of delayed payment rate of damages for delay.”

(2) On May 31, 2013, the Industrial Bank of Korea transferred to the Plaintiff (the Korea Credit Counseling and Recovery Fund (the Korea Credit Counseling and Recovery Fund) the remaining bonds ( principal 9,427,541 won and damages for delay) under the instant credit card use contract, and ② the remaining bonds ( principal 1,380,000 won and interest and damages for delay) under the instant loan contract.

The Plaintiff was delegated with the authority to notify the above assignment of claims by the Industrial Bank of Korea and notified the Defendant of the above assignment of claims.

(3) As of February 13, 2014, the particulars of each claim described in sub-paragraph (2) above are as follows:

B C

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 18,805,456 (i) interest and delay damages from the remaining principal under the credit card use contract of this case and KRW 6,922,301 up to February 12, 2014; ② interest and delay damages from the remaining principal under the loan contract of this case and KRW 1,380,000, interest and delay damages therefrom) and KRW 10,807,541 per annum from February 14, 2014, which is the day following the date of calculating the principal and interest of this case to the day of full payment.

2. Judgment on the Defendant’s assertion

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