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(영문) 서울서부지방법원 2017.02.09 2016가단240737
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 141,152,544 and KRW 23,365,367 among them, from June 10, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 11, 1993, the Defendant entered into a credit card transaction agreement with Samsung Card Co., Ltd. with an agreed interest rate of 18% per annum, and delayed payment during the use of the personal credit card. The Samsung Card Co., Ltd. urged the Defendant to settle the overdue payment, and the Samsung Card Co., Ltd., on December 20, 2005, transferred to Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) the claim amounting to KRW 99,00,690 in the aggregate of the principal amount of KRW 25,357,80 and interest and provisional payment, etc. on December 20, 2005, and completed the notification of the assignment of the claim to the Defendant at that time.

B. On June 27, 2006, the Solomon Savings Bank applied for a payment order with the Seoul Central District Court 2006 tea46996 against the defendant and the debtor (the defendant) received an order to pay the creditor (the Solomon Savings Bank) 100,688,894 won and 25,357,800 won among them to pay the creditor (the Solomon Savings Bank) 18% interest per annum from June 15, 2006 to the day of full payment. The above payment order was finalized on August 15, 2006.

(1) On September 4, 2007, the Monmon Savings Bank applied for the seizure and collection order of the claim under the Incheon District Court Decision 2007TTTTB under the Seoul District Court Order 2007TTB876 on September 6, 2007, and the above seizure and collection order of the above claim was served on the third party debtor until September 11, 2007. The Monmon Savings Bank collected KRW 386,527 on December 11, 2009 from the Monmon Savings Co., Ltd. among the third party debtor.

C. On April 26, 2011, the Plaintiff acquired the instant claim from the Solomon Savings Bank, and the Solomon Savings Bank completed the notification of the assignment of claim to the Defendant around that time.

The claim in this case remains in KRW 141,152,544 as of June 9, 2016, the sum of the principal amount of KRW 23,365,367 and interest and provisional payment of KRW 117,787,177.

[Ground of recognition] There is no dispute.

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