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(영문) 서울중앙지방법원 2015.11.12 2015가단5070788
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 10,709,508 and KRW 6,749,921 among them, from February 14, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. Around June 17, 2005, the Defendant was unable to pay the amount of credit card usage by obtaining a credit card from a new credit card, and the new credit card was transferred to the Plaintiff on June 21, 2013 with the credit card usage price claim (principal KRW 2,419,921) against the Defendant. The Plaintiff was delegated with the new credit card’s notification authority and notified the Defendant of the fact of transfer on July 2, 2015.

B. Around September 17, 2009, the Defendant borrowed KRW 5,000,000 from immediately recont Co., Ltd. (hereinafter “ immediately recont”), but failed to repay the principal and interest of loan, and immediately recont transferred a claim against the Defendant (principal principal KRW 4,330,000) to the Plaintiff on June 21, 2013, and the Plaintiff was delegated with the right of notification of transfer from immediately recont and notified the Defendant of the fact of transfer on July 2, 2015.

C. The claim that was acquired from a new card as of February 13, 2015 is the principal amount of KRW 2,419,921, 2,703,176, total sum of KRW 5,123,097, and the claim that was acquired from a lecurt is the principal amount of KRW 4,330,00, total of KRW 1,256,411, total of KRW 5,586,41, total of KRW 5,586,41, and the interest rate for delay prescribed in Article 11 of the Regulations on the Management of Entrusted Credit with the Credit Counseling Fund is 17% per annum.

[Ground of recognition] 4, 5, 5, and 6 of evidence A2-4, 1, 1, 3-1, and 1 of evidence A3-1, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the defendant is obligated to pay each debt to the plaintiff who acquired the credit from the new card, the immediately preceding card, and the immediately preceding card.

B. The Plaintiff asserts that the Defendant is obligated to pay the acquisition amount to the Plaintiff on the ground that Hyundai Capital Co., Ltd.’s credit (the balance of loan 1,714,932 won, interest 2,101,867 won, interest 15,913,214 won, interest 8,784,463 won) to the Defendant of the C&C Bank, and the Defendant’s credit (the balance of loan 1,754,755 won, interest 65,81 won, interest 656,81 won) against the Defendant of the C&C Bank.

(b).

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