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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.09.23 2016나31632
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. Facts of recognition;

A. The Defendant applied to a foreign exchange credit card company (hereinafter “foreign exchange credit card”) for the membership of credit card holders and received a credit card from the above company, and did not pay the card price from February 26, 2002.

As such, as of June 9, 2002, the credit card payment unpaid by the Defendant was KRW 146,599, the principal amount of KRW 1,993,00, overdue interest, etc. as of June 9, 200, and the overdue interest rate applied at that time was 24% per annum.

B. Accordingly, on November 20, 2002, the foreign exchange credit card filed a lawsuit for the claim for the amount of using the credit card with the Incheon District Court 2002Gab27058, and on November 20, 2002, the above court rendered a favorable judgment against the above court that "the defendant shall pay to the foreign exchange credit card 2,139,599 won (= principal 1,993,00 won, interest rate of KRW 146,599), and 1,93,000 whichever is later, the amount calculated by the rate of 24% per annum from June 10, 202 to the day of full payment." The above judgment became final and conclusive on December 3, 2002.

C. The foreign exchange credit card was transferred to the Defendant on or around April 24, 2003, the claim based on the above judgment against the Defendant was transferred to a limited liability company specializing in the 3rd foreign exchange card and the 1st securitization, and notified the Defendant of the transfer of the claim on or around April 24, 2003. A limited liability company specializing in the 3rd foreign exchange card and the 1st securitization was transferred to Busan Mutual Savings Bank and notified the Defendant of the transfer of the claim on or around May 28, 2004. The Busan Mutual Savings Bank transferred the above claim against the Defendant to the Plaintiff following a decision for transfer of contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry and Article 24(2) of the Mutual Savings Banks Act. On November 23, 2011, the above decision for transfer of claim was announced through a daily newspaper on or around November 24, 201.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, Gap evidence 4-1, 2, Gap evidence 5-1, 2, and Gap evidence 6-8, each of the arguments.

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