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(영문) 서울서부지방법원 2016.02.18 2015나36437
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

1..

Reasons

1. Facts of recognition;

A. On April 25, 2002, the Defendant entered into a credit card use contract and credit loan agreement with a national credit card company (hereinafter “national card”), and received a loan of five million won from the national card at the maturity date of May 12, 2003, the interest rate of 17.5% per annum, and the delay damages rate of 24% per annum. The national card’s loan claim was finally transferred to the Plaintiff via a limited liability company specializing in the Ore-Support Asset-backed Securitization and Solomon Savings Bank, and around each time, the Defendant was duly assigned to the Defendant.

B. The obligations of the above loans that have not been repaid as of February 24, 2015 are total of KRW 20,267,788 (total of KRW 15,267,788).

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number), and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 24% per annum from February 25, 2015 to the date of full payment with respect to KRW 20,267,78 and KRW 5 million of the principal.

B. As to this, the defendant's assertion that he cannot respond to the plaintiff's claim because he did not bear the obligation against the national card such as the joint and several surety, etc., and there is no counter-proof to reverse the fact finding, and thus, the defendant's argument is rejected.

3. Thus, the plaintiff's claim of this case can be accepted on the grounds of its reasoning. The judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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