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(영문) 수원지방법원 2015.08.20 2015가합63636
양수금
Text

1. The defendant shall be the plaintiff.

A. 5,345,125 won and its related 30% per annum from February 20, 1998 to December 31, 1998, and 199.

Reasons

On October 10, 1994, the Defendant entered into a credit card transaction agreement with Dongnam Bank Co., Ltd. (hereinafter “Dongnam Bank”) and used credit cards. On July 10, 1996, the Defendant was given a loan of KRW 450 million from Dongnam Bank, and the principal of the loan was converted into US$ 551,987.05 according to the sale and purchase standard rate, and the Defendant agreed to repay the principal to Korean won by applying the sale standard rate at the time of the actual repayment based on US dollars at the time of repayment of the principal and interest.

On June 29, 1998, Dongnam Bank transferred the credit card payment claims and loans to the Plaintiff, and notified the Defendant of the assignment of claims on December 8, 1998.

On the other hand, the plaintiff filed a lawsuit against the defendant on December 7, 2004 to seek payment of the above credit card price and loan and its delayed payment amount, and the Daejeon District Court 2004Ra62310 on May 3, 2005 "The defendant shall be paid 30% per annum from February 20, 198 to December 31, 1998; 18% per annum from January 1, 199 to April 12, 2005; 20% per annum from April 13, 2005 to April 14, 2005 to 38% per annum; 380,838.5 US dollars; 346,974.6.9% per annum from December 19, 198 to December 31, 2005 to 198.

Therefore, the defendant is obligated to pay the transfer money, loans and damages for delay which the defendant ordered payment to the plaintiff in the above judgment.

[3] Article 208(3)3 of the Civil Procedure Act provides that “The Defendant shall be required to specify a claim pursuant to Article 208(3)3 of the Civil Procedure Act on the date of pleading because the Defendant was notified of the date by public notice pursuant to Articles 194 through 196 of the Civil

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