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(영문) 서울중앙지방법원 2015.11.11 2015나754
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 23,768,017 and KRW 8,948,664 among the Plaintiff and the Plaintiff’s KRW 23,768,01, January 20, 2014.

Reasons

Facts of recognition

On September 23, 2008, the defendant entered into a credit card use contract with the Industrial Bank of Korea and used the credit card issued at the member store. The defendant lost the benefit of time due to the overdue payment of the credit card use price.

On December 10, 2010, the Industrial Bank of Korea transferred the claim against the Defendant for the use of the said credit card to the Plaintiff, and notified the Defendant of the assignment of the said claim by the Plaintiff delegated the Industrial Bank of Korea with the power to notify the assignment

On April 18, 2008, the Defendant borrowed 3,000,000 won from the social loan corporation E&P from a social loan corporation that took place by E&P, and thereafter lost the benefit of time due to the delay in paying the principal and interest of the loan.

On February 27, 2009, E&P (A&P) transferred the above loan claims against the Defendant against the Defendant to A&P lending company, and notified the Defendant of the transfer to the Defendant.

On June 21, 2013, YI Capital Co., Ltd. again transferred the above loan claims against the Defendant to the Plaintiff. On June 21, 2013, YI Capital Co., Ltd. notified the Defendant of the assignment of the above claim.

On April 4, 2000, the Defendant borrowed KRW 5,500,000 from a lot Capital Co., Ltd., and thereafter lost the benefit due to delinquency in paying the principal and interest of the loan.

On June 21, 2013, a lot Capital Co., Ltd. transferred the claim for the above loan against the Defendant to the Plaintiff, and the Plaintiff, who was delegated with the power to notify the assignment of the claim by lot Capital Co., Ltd., notified the Defendant of the fact of the assignment of the claim.

As of January 19, 2014, the principal of each claim that the Plaintiff acquired by the Plaintiff was KRW 8,948,664 (i.e., Industrial Bank of Korea KRW 1,444,735, 2,927,718, 4,576,211), and interest in arrears amounting to KRW 14,819,353 (=Industrial Bank of Korea KRW 960,588 (=).

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