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(영문) 수원지방법원 2015.01.30 2014나27286
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

purport.

Reasons

1. Basic facts

A. On September 23, 2006, the Defendant entered into a credit card membership agreement with the Housing Bank Co., Ltd. (hereinafter “National Bank”), which is to use credit cards as a member of the said bank and to pay the credit card price accordingly (hereinafter “instant agreement”).

B. On June 12, 2009, the National Bank transferred the credit card payment claim against the Defendant (hereinafter “instant claim”) to the Plaintiff (the Credit Counseling and Recovery Fund, Co., Ltd.). On October 15, 2013, the Plaintiff was delegated by the National Bank to notify the Defendant of the assignment of the instant claim, and the notification was delivered to the Defendant around that time.

C. As of September 3, 2013, the sum of the Defendant’s credit card obligations under the instant contract is KRW 8,642,905 (= Principal KRW 2,495,418) and interest KRW 6,147,487).

Meanwhile, at the time of entering into the instant contract, the Defendant agreed to pay damages for delay pursuant to the interest rate set by the creditor financial institutions. Accordingly, the overdue interest rate from the date following the relevant base date determined by the Plaintiff is 17

[Ground for Recognition: Facts without dispute, Gap 1 through 4, each entry with Gap 5-1, the purport of the whole pleadings]

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff who acquired the instant claim the amount of KRW 8,642,905 and the principal amount of KRW 2,495,418, which is the following day of the above basic date, the damages for delay calculated by the rate of 17% per annum from September 4, 2013 to the date of full payment.

B. First of all, the judgment of the defendant's assertion 1 is asserted to the effect that the defendant extinguished the claim of this case by the repayment of dividends, such as the receipt of dividends in the distribution procedure of Suwon District Court C, and according to the evidence No. 2, Suwon District Court C.

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