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(영문) 서울중앙지방법원 2015.06.30 2014나70336
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 15,084,014 and KRW 6,366,552 among the Plaintiff and the Plaintiff’s KRW 5,00 on August 5, 2014.

Reasons

1. The following facts can be acknowledged in full view of the entries in Gap evidence Nos. 1 and 7 (including each number) and the whole purport of the pleadings.

Around February 2009, the Defendant entered into a credit card use contract with the National Bank Co., Ltd. (KB).

(2) On April 14, 2009, the Defendant collected shares from a mutual savings bank and received loans by setting 3,000,000 won as interest rate of 48% per annum, and interest interest rate of 49% per annum.

(3) On May 22, 2009, the Defendant borrowed 2,000,000 won from Busan High Loan Co., Ltd. (formerly changed trade name: Busan High Co., Ltd.) on May 22, 2009, 48.54% per annum on interest, 48.5% per annum on interest interest, 48.5% per annum on interest, and 42 months on repayment method by having the principal and interest repaid in equal installments.

(hereinafter “instant second loan”). (b)

(1) On March 2, 2011, the National Bank Co., Ltd. established the KNB’s card by dividing it.

(2) On January 12, 2011, Industrial and Loan Co., Ltd. transferred the remaining claims out of the instant loans No. 2 and notified the Defendant on April 9, 2012.

On June 21, 2013, A case Loan Co., Ltd. transferred the remaining claims to the Plaintiff again.

On June 21, 2013, the KNF’s Credit Card Co., Ltd. transferred credit card use price claim (hereinafter “instant credit card claim”) to the Plaintiff based on the said credit card use contract.

A mutual savings bank was transferred to the Plaintiff on June 21, 2013 the remaining claims out of the instant first loan claim.

(3) On June 23, 2013, the Plaintiff: (a) collected case loans, KNF National Card Co., Ltd.; and (b) notified the Defendant of the assignment of claims upon delegation of the power to notify the assignment of claims from the mutual savings bank.

C. (1) As of August 4, 2014, the details of the Claim Nos. 1 and 2 loans of this case and each remaining claim on credit card are as listed below:

B CD(2).

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