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(영문) 서울중앙지방법원 2016.06.08 2015가단5158145
양수금
Text

1. The defendant shall pay to the plaintiff KRW 59,856,793 and KRW 34,871,106 from May 13, 2015 to the day of full payment.

Reasons

1. (1) The plaintiff manages all credit card loan loan claims held by a member financial institution from the member financial institution to the debtor. The defendant approved that the credit transaction basic terms and conditions (credit card member terms and conditions) apply when entering into loan transaction agreements and credit card use contracts with the creditor financial institution mentioned in the list of credit statements. The defendant agreed to pay the balance of the loan and the overdue interest rate of each financial institution from the date of loss of the due date to the date of full payment when the repayment is not made within the due date or when the payment of interest is suspended or when the payment of interest is suspended by the clearing house.

However, the defendant lost the benefit of time due to the failure to pay the principal and interest, etc. even after the due date for the loan and the loan after using credit cards, as stated in the following specification statement.

See creditor financial institutions transferred to the plaintiff the principal and interest of the claim held against the defendant as of the date of transferring the assignment indicated in the above specification statement of claims, and the plaintiff was entrusted by creditor financial institutions with the authority to notify the assignment of claims and notified the defendant of the assignment of claims. The creditor financial institutions' status as the creditor against the defendant

Referencely, if the principal and interest are calculated by May 12, 2015, which is the date of calculating the principal and interest of the Plaintiff, according to the rate of financial institution agreement and the interest rate for arrears prescribed by the Plaintiff, the amount of the Defendant’s unpaid payment shall be as specified in the

On the other hand, the plaintiff is applying the interest rate of 17% per annum in accordance with Article 11 of the Regulations on the Management of Entrusted Bonds of the National Duplicative Fund.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The judgment of the court below shall be made to the plaintiff.

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