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(영문) 서울남부지방법원 2017.07.06 2016나54044
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 5,907,635 and KRW 2,369,534 among the Plaintiff and the Plaintiff’s KRW 11,61.

Reasons

1. Facts of recognition;

A. On July 3, 200, the Defendant traded credit cards, such as the use of cash services, after obtaining a credit card from a foreign exchange card company.

B. On December 20, 2007, the Korea Exchange Bank, which merged foreign exchange cards, transferred the above credit cards against the Defendant to Korea Ap&A Limited Liability Company specialized in Ep&A, and the above credit was transferred in sequence to DP Asset Management Company on August 6, 2010, and the Plaintiff on June 10, 201, and each of the above credit assignment was notified to the Defendant around that time.

C. The remaining principal and interest of the credit card bonds are KRW 2,369,534 as of June 10, 201 and KRW 3,538,101, including interest in arrears, and KRW 5,907,635.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. In accordance with the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the final transferee, the amount of KRW 5,907,635 of the outstanding principal and interest of the loan and KRW 2,369,534 of the principal thereof, calculated at the rate of 20% per annum, which the Plaintiff seeks, within the agreed interest rate from June 11, 2011 to the date of full payment.

3. As such, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and thus it is revoked, and it is so decided as per Disposition by the court below to order the payment of the above money to the defendant.

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