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(영문) 광주지방법원 2016.01.29 2015나5008
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On November 9, 1994, the Defendant concluded a contract on the use of bank credit cards with the Seoul Trust Bank (Seoul Trust Bank as Seoul Trust Bank, and the Seoul Bank as Han Bank) on the use of bank credit cards. On May 11, 1999, the Defendant concluded a contract on the use of Samsung Card with Samsung Card Co., Ltd.

B. Around 2002, Samsung Card Co., Ltd. filed a lawsuit against the Defendant for a credit card use price claim with the Government Branch of Seoul District Court (2002Gadan41275) and was sentenced on January 7, 2003 by the above court to pay 20,922,113 and 20,508,261 won per annum from August 8, 2002 to the date of full payment, which became final and conclusive around that time.

C. On October 24, 2003, Han Bank Co., Ltd and Samsung Card Co., Ltd. transferred to LG Investment Securities Co., Ltd the credit card use claim (1928,056 won, Samsung Card Co., Ltd., 20,508,260 won) against the Defendant until that time. On the same day, LG Investment Securities Co., Ltd. transferred the above claim to the Plaintiff.

On December 18, 2003, LG Investment Securities Co., Ltd and the Plaintiff sent the assignment of claims to the Defendant by mail according to Article 7 of the Asset-Backed Securitization Act.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant acquired the claim against the Defendant by Han Bank and Samsung Card Co., Ltd. (i.e., KRW 21,436,316 (= KRW 928,056 KRW 20,508,260) and KRW 928,056 among them, barring any special circumstances, the Defendant acquired the claim against the Defendant of Han Bank and Samsung Card Co., Ltd. (i.e., KRW 6% per annum as prescribed by the Commercial Act from October 25, 2003 to January 29, 2016, which is the date the Plaintiff acquired the above claim.

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