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(영문) 서울중앙지방법원 2015.07.23 2015나22853
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The indication of parties to the judgment of the first instance.

Reasons

1. Facts of recognition;

A. B, on June 21, 1996, entered into a credit card use contract with the Japanese bank and delayed repayment of the credit card use fee (including cash service) from December 27, 1997 while being used with the credit card. The overdue interest rate is 19% per annum.

B. On December 30, 1998, Japan Bank transferred all of the credit card use fee claims against B and overdue interests, etc. incidental thereto (hereinafter “the instant claim”). Around that time, the Korea Asset Management Corporation transferred the instant claim to the Korea Asset Management Corporation on December 28, 200 and notified the transfer to B around that time. The Korea Asset Management Corporation again transferred the instant claim to the Plaintiff on September 18, 2012, and the Plaintiff notified the Korea Asset Management Corporation of the fact of the transfer on behalf of the Korea Asset Management Corporation.

C. Meanwhile, on June 17, 2014, B died, and the only inheritor is the Defendant, who is the child.

As of September 18, 2014, the principal of the instant claim is KRW 2,831,042, and overdue interest is KRW 7,625,235.

[Reasons for Recognition] Each entry of Gap evidence 1 through 3 (including branch numbers), and the purport of the whole pleadings

2. According to the facts established as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff who acquired the instant claim the amount of KRW 10,456,277 (i.e., the principal amount of KRW 2,831,042 overdue interest of KRW 7,625,235) and the principal amount of KRW 2,831,042, whichever is later, to the Plaintiff who acquired the instant claim, for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 2, 2014 to the date of full payment, as sought by the Plaintiff.

3. Conclusion, the plaintiff's claim of this case is justified, and the court of first instance has accepted it.

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