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(영문) 대전지방법원 2015.04.17 2014나106432
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 10,339,718 and 3,550 among them.

Reasons

1. In the first instance trial, the Plaintiff asserted that the Defendant acquired the claims against each of the Defendant, Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”) and the New Gancheon Saemaul Depository, and claimed the amount of the claims. The court of first instance accepted the claims that the Defendant acquired from the New Gancheon Saemaul Depository, among the Plaintiff’s claims, and dismissed the claims that the Plaintiff acquired from the Daegu Bank.

Since only the plaintiff appealed against this issue, this Court's judgment is limited to the claim against the claims that the plaintiff acquired from Daegu Bank.

2. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap's evidence Nos. 1, 3, 5, and 6, and Gap evidence Nos. 2-1, the Daegu Bank loaned KRW 3,000,000 to the defendant on September 23, 2002. The defendant was issued a credit card from the Daegu Bank on October 2, 2002. The remaining principal of the credit card use obligation as of June 21, 2013 is 50,000, the plaintiff acquired the above loan claim and credit card price claim from the Daegu Bank on June 21, 2013. The plaintiff was delegated with the authority to notify the assignment of credit, and received the above notification to the defendant on March 31, 2014, the interest rate of KRW 17% per annum,00,000,000, KRW 370,75,701, the principal and interest of the loan claim and delay damages for delay, which the plaintiff acquired from Daegu Bank on March 25, 2014.

According to the above facts of recognition, the Defendant entered into an agreement with the Plaintiff, the assignee of each of the above claims, as to the sum of KRW 10,339,718 (= KRW 8,717,093 KRW 1,622,625) and the sum of principal (= KRW 3,550,000 KRW 550,000) from April 15, 2014 to the date of full payment.

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