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(영문) 인천지방법원 2019.04.05 2018나2479
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 9,765,160.

Reasons

1. Loan balance (based on principal) of the borrowed subject on the agreed date of a financial institution (creditor) 2,290,000 won on July 25, 2002; 2 C. 2,196,172 won on March 2, 2002; 5,69,95 won on the aggregate of 1,183,823 won on credit cards;

A. As of March 31, 2005, each of the financial institutions listed below list held against the Defendant a credit card payment claim with the following content:

B. On May 13, 2005, the Plaintiff received a credit card payment claim from each of the above financial institutions (hereinafter “the instant credit card payment claim”). On June 16, 2005, the Plaintiff sent a notice of credit transfer to the Defendant by content-certified mail.

C. On June 27, 2007, the Plaintiff filed an application with the Defendant for the payment order claiming the payment of the instant claim for the transfer money. The sum of the principal and interest of the transfer money claim (principal, interest or delay damages) is KRW 9,765,160, and the interest rate in arrears is KRW 17% per annum.

On January 26, 2018, the Plaintiff’s succeeding intervenor received the instant claim against the Defendant from the Plaintiff, and sent the “written notice of credit transfer” to the Defendant by content-certified mail on March 8, 2018.

The principal of the loan (based on October 31, 2017) stated in the above notice of assignment of claims is the same as the amount stated in the above table.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-9 (including branch numbers), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff-Succession Intervenor damages for delay calculated at the rate of 17% per annum from June 27, 2007 to the day of full payment with respect to KRW 9,765,160, the total sum of principal and interest of the claim of this case and KRW 5,69,95, which are the total sum of principal and interest of the claim of this case.

3. Judgment on the defendant's defense

A. The defendant asserts to the effect that the claim for the transfer of claims cannot be complied with, since he did not notify each of the above assignment of claims.

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