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(영문) 서울중앙지방법원 2018.09.21 2018나7282
양수금
Text

1. In accordance with the reduction of the purport of the claim in the trial, the part against the defendant in the judgment of the first instance shall be modified as follows:

Reasons

1. Facts of recognition;

A. On October 2004, the Deceased concluded a credit card membership agreement with Hyundai Card Co., Ltd. (hereinafter “On-site Card”) and obtained a credit card and delayed payment of the credit card fee.

On April 8, 2007, the Hyundai Card transferred the claim against the deceased for the use of the credit card to Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) and notified the deceased on April 11, 2007 of the assignment of the credit card.

B. On March 2006, the Deceased entered into a credit card membership agreement with the Culture Card Co., Ltd. (hereinafter “Slick Card”) and received a credit card and used it as a receipt of credit card loan, and delayed repayment of credit card usage and credit card loan.

C. On April 10, 2009, the Plaintiff: (a) on April 10, 2009, transferred the claim against the Deceased for the credit card use and credit card loan; (b) on April 16, 2009, from Hyundai Capital Capital; and (c) delegated the authority to notify the transfer of the claim to the Deceased; and (d) on December 2, 2009, notified the Deceased of the transfer of the said claim by content-certified mail.

As of December 26, 2012, the claim in this case remains in KRW 16,837,091 in total, as indicated below, KRW 6,251,382 in the balance of principal, overdue interest, and delay damages as stated in the table below.

Serial Card No. 1,168,783 won, 1,602,752 won, 2,771,535 won, 2,730 won, 1,801,90 won, 3,728,869 won, 769 won, 3,728,869 won, 180,967 won, 10,967 won, 251,382 won, 10,585, 709 won, 16, 837, 091 won, 251, 382 won, 382 won, 10,585, 709 won, 837, 091 won.

E. The Deceased died on May 1, 2014, and his heir is the Defendant, who is his child, and the co-defendant C and D.

On the other hand, on January 11, 2018, the defendant, C, and D filed a report on the inheritance limited recognition with the Busan Family Court 2018Ra128, and the above court on March 2018.

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