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(영문) 서울남부지방법원 2018.11.29 2017나66730
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff succeeding intervenor KRW 50,037,611 and 33,406 among them.

Reasons

1. Basic facts

A. On November 16, 2001, the Defendant concluded a credit card use contract with C Co., Ltd. (hereinafter “C”) and used the credit card issued by E Co., Ltd., but failed to repay the credit card use price. The amount of debt as of August 8, 201 is the principal amount of KRW 1,979,583, delay damages amount of KRW 3,531,035.

(hereinafter referred to as "first claim"). (b)

Around February 4, 2003, the Defendant entered into a facsimile card loan agreement with C by setting the maximum amount of 2 million won, interest rate of 14% per annum, and 23% per annum and used the loan. The amount of debt as of August 8, 201 is KRW 429,416, delay damages, and KRW 575,731 of the loan principal.

(hereinafter referred to as "second claim"). (c)

Around January 31, 2002, the Defendant entered into a comprehensive passbook loan agreement (referring to a single bankbook loan) and used the loan on August 8, 2011, with the limit amounting to KRW 20 million, interest rate of KRW 13.9% per annum, 19% per annum, and August 19, 2005 due date. The amount of debt as of August 8, 2011 is KRW 20,622,921, damages for delay, 8,372,842 of the loan principal.

(hereinafter referred to as "third claim") d.

On November 28, 2002, the Defendant used the loan after concluding a comprehensive passbook loan agreement with D Bank on November 28, 2002, and on November 28, 2005 due date. The amount of debt as of August 8, 2011 is KRW 10,374,491, delay damages, KRW 4,151,592.

(hereinafter referred to as "fourth claim"). (e)

C on April 10, 2009, transferred each of the above claims against the Defendant to the Plaintiff. D Bank transferred the above claims against the Defendant to the Plaintiff on December 10, 2009.

On January 26, 2018, the Plaintiff transferred all of the above claims to the Intervenor succeeding to the Plaintiff.

When the assignment of claims is transferred, the transferor delegated the authority of notification of the transfer to the assignee of the claim.

[Grounds for recognition] Each entry of evidence Nos. 1 through 13 (including paper numbers) and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff successor.

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