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(영문) 대구지방법원 2019.08.30 2019가단118842
양수금
Text

1. As to KRW 153,362,758 and KRW 24,00,00 among them, the Defendant shall pay to the Plaintiff the year from March 27, 2019 to April 10, 2019.

Reasons

1. Basic facts

A. Claim 1) The Defendant on March 21, 2003 (hereinafter “C organization”) shall be the C organization’s loan, etc.

) From March 21, 2009, KRW 30,000 was loaned with the maturity of KRW 24,000 as of March 21, 2009. Of them, the principal amount is not paid in full, and the sum of interest, etc. up to March 26, 2019 is KRW 47,608,375 (hereinafter “instant loan”).

(2) On August 27, 2001, the Defendant issued a credit card on the premise that the terms and conditions of the credit card holders were applied by C organizations. From June 27, 2008, the credit card payment began to be in arrears, and as of March 26, 2019, the credit card payment remains in the principal amount of KRW 21,079,329, and the sum of interest, etc. up to March 26, 2019 is KRW 60,675,054.

(3) On January 9, 2009, the C organization is obligated to pay damages for delay calculated at the rate of 18.73% per annum from January 6, 2009 to the date of full payment with respect to KRW 51,578,96 in total of the principal and interest of the instant credit card and the instant loans, and KRW 21,079,329 in total, with respect to KRW 27.5% per annum from January 6, 2008 to the date of full payment, and KRW 24,000 in total, with respect to KRW 18.73% per annum from January 6, 2009 to the date of full payment. The C organization applied for a payment order (Seoul District Court Decision 2009Da321) and received the payment order on January 13, 2009, and the above payment order became final and conclusive on April 8, 2009 (hereinafter referred to as the “instant case”).

B) The assignment of claims to the Plaintiff on December 17, 2013, and notified the Defendant of the assignment of claims for the credit card payments and loans at the time of the transfer of claims. (B) The assignment of claims was notified to the Defendant at the time of the transfer of claims (each of the descriptions and arguments in subparagraphs A and 5, based on recognition,

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to repay the principal and interest of the credit card and loan to the plaintiff to the plaintiff from Japan.

B. As to the defendant's defense of extinctive prescription 1, the defendant.

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