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(영문) 서울동부지방법원 2016.04.08 2015나2333
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.The facts following the facts of recognition do not conflict between the parties, or may be admitted in full view of the purport of the entire pleadings in each entry in Gap evidence of 1 to 9 and Eul evidence of 1 to 6 (including each number):

The Defendant asserts that the evidence No. 5-2 (Application Form for Issuance of Credit Card to Citizens) was forged, and asserts that all the Defendant’s remaining application form for issuance of Credit Card No. 5-2 except for the evidence No. 5-2 is written in writing and signed. The evidence No. 5-2 is accompanied by a copy of the Defendant’s resident registration certificate. As seen below, the Defendant’s use with the credit card No. 5-2 and the payment was settled, the establishment of the Credit Card No. 5-2 can be acknowledged.

The defendant entered into a contract to use a credit card with the relevant financial institution for the transaction of credit cards (including loans by using a credit card) as follows:

B. Around May 13, 2005, the Plaintiff acquired the credit card usage fee claim against the Defendant from the relevant financial institution, and notified the Defendant of the transfer of the credit in accordance with Article 7 of the Asset-Backed Securitization Act on June 16, 2005.

C. The sum of principal and interest of each of the above claims that the Plaintiff acquired on September 2, 2007 as of September 2, 2007 is KRW 23,367,611 as listed below, and the sum of principal among them is KRW 12,169,743.

The Plaintiff sets 17% per annum within the overdue interest rate set by each transfer financial institution as the overdue interest rate.

The contract date account / Card (won) principal interest interest (cost interest interest) of a financial institution shall be KRW 2,188,701 2,354, 124 Samsung Card around September 14, 2001 and around December 1, 2001, C 5,502,501, 169, 11, 197, 86868, around August 27, 2001, Da5,625, 3445, 545 national card around October 4, 200, E2,853, 148, 2,741, 775 total 12,169, 7431, 197, 868

2. Assertion and determination

A. According to the above recognition of the obligation to pay the transfer money, the defendant shall, unless there are any special circumstances.

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