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(영문) 창원지방법원 2015.04.23 2014나33356
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 42,520,153 and 18,751 among them.

Reasons

1. Facts of recognition;

A. 1) The Defendant, upon receiving a credit card from the Korea C&T Bank, was in arrears with the credit card price (hereinafter “instant claim 1”).

(2) As of April 10, 2013, the principal and interest of the instant Claim No. 1 are KRW 24,638,529 (i.e., the principal and interest of KRW 12,342,910) (i.e., the interest of KRW 12,295,619). (ii) The Defendant obtained and used a credit card from the Industrial Bank of Korea on August 12, 2008 and delayed payment of the credit card amount.

(hereinafter “instant Claim 2”). As of April 10, 2013, the principal and interest of the instant Claim 2 is KRW 2,298,904 in total (= Principal KRW 1,575,330, KRW 723,574).

3) The defendant on November 13, 2007, the Korea CTR Capital Co., Ltd. (hereinafter "Korea CTR Group")

(3) Around November 20, 2009, KRW 18,000 was loaned at the interest rate of KRW 39.7% per annum. The said Korea CTR Group shall be Hyundai Capital Co., Ltd. (hereinafter referred to as “Slive Capital”) on November 20, 209

3) The above loans claim 6,273,977 won (as of October 31, 2009; hereinafter “third claim of this case”) are as follows.

On December 31, 2009, the Defendant transferred the instant claim by content-certified mail. As of April 10, 2013, the principal and interest of the instant claim No. 3 was KRW 18,269,320 (i.e., principal KRW 6,273,977) (i.e., KRW 11,95,343). 4) On July 31, 2007, the Defendant borrowed KRW 20,000 at the interest rate of KRW 17% per annum and at the interest rate of KRW 29% per annum. As of November 11, 2008, the principal and interest of the instant claim No. 3 was KRW 12,477,698 (hereinafter “instant claim”).

On August 5, 2009, the Dongyang Life Insurance transferred the above loans to the social company of Dongyang Life Insurance, and notified the defendant of the transfer of the credits by content-certified mail on August 25, 2009.

On November 1, 2010, the above Dongyang Social Co., Ltd. (hereinafter referred to as the “ Tyman Loan”) claims for the above loans to Tyman Loan Co., Ltd. (hereinafter referred to as “Tyman Loan”).

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