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(영문) 서울중앙지방법원 2018.09.14 2018나5804
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. On Aug. 18, 1995, the Defendant entered into a membership credit contract with Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”), and obtained a credit card and used it until June 2006. On Feb. 9, 2002, the Defendant borrowed KRW 5,000,000 from Gyeongnam Bank as a comprehensive passbook loan for loan subject, and the term of loan extended on July 9, 2003 (which was extended by one year thereafter, and finally extended by February 9, 2007).

B. On March 17, 2001, the Defendant entered into a credit card membership contract with the National Bank of Korea (the Housing Bank prior to the merger, the Housing Bank, and the National Bank regardless of whether before or after the merger) and used the credit card until May 13, 2006.

C. On March 13, 2002, the Defendant entered into a credit card membership contract with the new card company (hereinafter “new card”), and obtained a credit card and used it until May 16, 2006.

On August 25, 2005, the Defendant entered into a credit card membership agreement with a lot card company (hereinafter referred to as "slot card") and used the credit card after obtaining it.

On January 26, 2007, when the Defendant delayed to pay the above credit card price, the Changwon District Court Decision 2006Gaso65412 rendered a judgment against the Defendant that “the Defendant shall pay the amount calculated by the rate of 29% per annum for KRW 3,586,843 and its 3,321,970 from August 12, 2006 to the date of full payment,” and the above judgment became final and conclusive around that time.

E. On February 22, 2006, the Defendant entered into a credit card membership contract with Hyundai Card Co., Ltd. (hereinafter “Modern Card”) and used the credit card with it.

Modern Card is given to Hyundai Capital Co., Ltd. on August 18, 2006 (hereinafter referred to as "Modern Capital").

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