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(영문) 서울중앙지방법원 2017.07.19 2016나36606
양수금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the arguments in response to the order to submit each of the financial transaction information to the Samsung Card Co., Ltd., the representative director of the new card company, and the representative director of the new card Co., Ltd., the whole purport of the arguments.

Around December 28, 1999, Samsung Card Co., Ltd. (hereinafter referred to as "Tsung Card") entered into an installment financing agreement (loan No. J) with the Defendant on which the installment payment period of KRW 2,860,000 and the installment payment period of KRW 30 months would be 30 months, and the Defendant loaned money under the above installment financing agreement (hereinafter referred to as "the installment payment of this case") to the Defendant. The Defendant did not pay the last installment to Samsung Card on June 5, 200.

B. Around March 24, 2000, the Defendant entered into an agreement on the use of a credit card with EL branch (hereinafter “EL branch card”) and received the credit card from EL branch card, and used the credit card from around that time to September 15, 200.

(hereinafter referred to as the “instant credit card payment claim”). C.

Samsung Card transferred the instant installment payment claim to the Plaintiff on May 13, 2005, and on June 30, 2003, EL Card transferred the instant credit card payment claim to the Korea Asset Management Corporation. The Korea Asset Management Corporation transferred the instant credit card payment claim to the Plaintiff on May 13, 2005.

The plaintiff's written brief dated September 5, 2016, stating the purport of the assignment of claims, was served on the defendant on September 7, 2016.

On or after April 1, 2005, the Plaintiff decided to apply the interest rate of 17% per annum. As of January 31, 2006, the Plaintiff’s credit for the installment of this case remains 1,373,171 won per principal and interest rate after April 1, 2005. The credit card payment claim of this case remains 2,58,70 won per annum and interest rate of 1,648,353 won after April 1, 2005.

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