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(영문) 대전지방법원 2017.12.21 2017가단208840
양수금
Text

1. The defendant's KRW 42,765,401 as well as 17% per annum from October 25, 2003 to June 4, 2007 to the plaintiff.

Reasons

1. Determination

A. According to Gap evidence Nos. 1 through 5 of the judgment as to the cause of the claim, when the plaintiff acquired each claim amounting to KRW 21,947,230 against the defendant of Samsung Card on October 24, 2003, and KRW 20,818,171 against the defendant of Samsung Card, and transferred the above claim amount to the plaintiff on the same day. The plaintiff notified the defendant of the acquisition of the above claim on December 18, 2003, and applied for a payment order with KRW 207,542 against the defendant on May 22, 2007 to the defendant for the payment order with KRW 50,765,401 from the day following the Daejeon District Court No. 207 to the day of 17,40% annual payment order and KRW 400 until the day of 20,50,000 from the day of the above order to the day of 205% annual payment order and KRW 17,407.

B. As to the Defendant’s assertion, the Defendant did not receive the instant payment order, as well as the Defendant’s respective obligations against the Defendant’s Samsung Card and El branch Card were generated by the defraudeded card without the Defendant’s consent, and thus, it cannot accept the Plaintiff’s claim. However, there is no evidence to acknowledge this, the above assertion is without merit

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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