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(영문) 서울중앙지방법원 2018.02.01 2017가단5089304
양수금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 121,592,424 as well as KRW 32,163,94 as to the Plaintiff from November 21, 2016 to the day of full payment.

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in the statements Nos. 1, 2, and 3, and there is no counter-proof.

On May 13, 2005, each of the following financial institutions indicated in the table transferred to the Plaintiff each of the following claims against their Defendant as of March 31, 2005, and notified the Defendant of the transfer in accordance with the Asset-Backed Securitization Act on June 16, 2005.

(units: the overdue interest rate (%) 20,807,600 of 1 Samsung Card 1 Samsung Card 20,807,600 17 6,141,898 3KB-2 credit card 3,436,66 17 KB-2 credit card No. 1,77,780 17

B. On February 12, 2007, the Plaintiff filed a lawsuit against the Defendant for the claim for the amount of acquisition with the Chungcheong District Court Decision 2006Da11909, the Plaintiff was sentenced to the judgment that “the Defendant shall pay to the Plaintiff 66,597,493 won and 32,163,94 won with the interest of 17% per annum from November 3, 2006 to the date of full payment.” The above judgment became final and conclusive around that time.

C. The Defendant’s obligation to the Plaintiff is the sum of KRW 32,163,94 as of November 20, 2016, including the principal and KRW 89,428,480 as of November 20, 2016, and KRW 121,592,424.

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 17% per annum, which is the overdue interest rate of KRW 121,592,424 and the principal amount of KRW 32,163,94, from November 21, 2016 to the date of complete payment.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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