(영문) 서울서부지방법원 2016.08.18 2015나5976

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(영문) 서울서부지방법원 2016.08.18 2015나5976

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. The Defendant obtained a credit card from Samsung Card Co., Ltd. (hereinafter “Tsung Card”) and used it.

B. Around November 13, 2001, the Defendant entered into a credit card loan agreement with regard to Samsung Card and Credit Card Use Price, with a loan amount of KRW 3,190,000, interest rate of KRW 23% per annum, maturity of payment on December 1, 2002, and with a repayment method of principal and interest in 12 months.

C. On October 24, 2003, Samsung Card’s loan claims against the Defendant were transferred to the Plaintiff according to the asset transfer contract between Samsung Card and LG Investment Securities Co., Ltd. (hereinafter “LG Investment Securities”), respectively. On December 18, 2003, the Plaintiff notified the Defendant of each of the above assignment of claims in accordance with Article 7(1) of the Asset-Backed Securitization Act.

From October 25, 2003, the Plaintiff applied the overdue interest rate of 17% per annum, and at that time the Plaintiff’s principal of the transferee’s claim against the Defendant is KRW 3,190,000.

[Based on recognition, the defendant 1 through 10 alleged to the effect that the authenticity of the Samsung Card No. 5 and 6 is disputed, and the name and the body in the name and the signature column of the Samsung Card Co. 5 (Evidence No. 5) and the Credit Card No. 6 (Evidence No. 6) appear to be the body of the same person among the personal information columns of the Samsung Card Co. 5 and Samsung Card Co. 5 (Evidence No. 6) and the personal information column of the Credit Card Co. 6 (the document No. 5 and No. 6 appears to have not been prepared at the same time). Among each personal information, the bank account with which the main part such as resident registration number is identical to the defendant's personal information is also the defendant's deposit account, and the Samsung Card Co. 1's employee confirmed the real name

each entry, the purport of the whole pleading

2. According to the above facts of recognition as to the cause of the claim, the defendant shall, unless there are special circumstances.

참조조문

-자산유동화에 관한 법률 제7조 제1항

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