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(영문) 창원지방법원 2016.09.01 2015나10077
양수금
Text

1. The judgment of the court of first instance is modified as follows according to the succession participation made at the trial. A.

The plaintiff's claim.

Reasons

1. Facts of recognition;

A. On October 8, 1996, the Defendant concluded a credit card member agreement with a foreign exchange credit card company (hereinafter “foreign exchange credit card”) and received and used a credit card. From July 5, 2001, the Defendant delayed repayment of the credit card payment.

B. The foreign exchange credit card transferred the credit card payment claim (principal principal KRW 7,497,597, fees and interest 2,652,414) to the Defendant as prescribed by the former Asset-Backed Securitization Act (amended by Act No. 6916, May 29, 2003) to a limited company specializing in the 3rd Asset-Backed Securitization Act (hereinafter “special purpose company”) on March 7, 2003, and notified the Defendant of the fact of transfer by mail.

C. On March 12, 2004, the special purpose company transferred a credit card payment claim (principal principal KRW 7,497,597, fees and interest KRW 4,279,289) to the Defendant to Busan 2 Mutual Savings Bank (hereinafter “ Busan 2 Mutual Savings Bank”) and notified the Defendant of the fact of transfer by way of certified mail on May 24, 2004.

On June 23, 2006, the Busan 2 mutual savings bank filed the instant lawsuit against the defendant as Changwon District Court 2006Gau28134, which was run by public notice. On August 28, 2006, the court rendered a judgment that "the defendant shall pay to Busan 2 mutual savings banks the amount of KRW 7,497,597 and the amount of money calculated at the rate of 20% per annum from August 27, 2006 to the date of full payment."

(hereinafter referred to as the “instant claim”) a credit card payment claim against the Defendant based on the above judgment.

Plaintiff

On August 26, 2011, a successor intervenor was transferred the contractual status of the defendant of Busan 2 Mutual Savings Bank according to the Financial Services Commission's decision of contract transfer in accordance with Article 14 (2) of the Act on the Structural Improvement of the Financial Industry and Article 24 (2) of the Mutual Savings Banks Act, and publicly announced such fact in two daily newspapers, including Korean economy and daily economy.

(f) thereafter;

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