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(영문) 서울중앙지방법원 2018.08.30 2018나7992
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendant obtained each credit card from an enterprise bank around November 21, 200, from the national card around March 19, 2001, from Samsung Card around March 27, 2001, and received small credit loans from the lot Capital around December 30, 2002.

B. On May 13, 2005, the Plaintiff acquired each credit card use price and loan claims against each of the above financial institutions (hereinafter “claim on the instant credit card use price, etc.”) from a company bank, a national card, a Samsung Card, and a lotl Capital; and notified the Defendant of the transfer of credit on or before June 16, 2005.

C. On September 27, 2007, the Plaintiff filed a payment order against the Defendant to claim the payment of claims, such as the instant credit card use fees, etc. that the Plaintiff acquired by the Plaintiff and received from the above court on September 27, 2007, “the Defendant shall pay the Plaintiff the amount of KRW 7,457,032 and the amount of KRW 4,69,348 per annum 17% per annum from September 24, 2007 to the date of full payment (hereinafter “previous payment order”). The above payment order was served on the Defendant on October 5, 2007, and became final and conclusive on October 20, 2007.

On the other hand, as of July 20, 2017, the principal of the instant credit card use price, etc., which was determined by the previous payment order as of July 20, 2017, is KRW 4,669,348 in total, and overdue interest is KRW 10,537,138 in total, and the overdue interest rate determined by the Plaintiff is 1

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the lawsuit of this case is deemed to have a benefit in the protection of rights as the lawsuit of this case was instituted for the extension of extinctive prescription period of claims, such as the credit card use price, which was finalized by the previous payment order. Thus, the defendant against the plaintiff as to the total sum of the principal and interest of the credit card use price, etc. of this case, which was finalized by the previous payment order, and the principal amount of KRW 4,69

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