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(영문) 서울중앙지방법원 2019.01.17 2018나40371
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Basic facts

A. The Defendant used a credit card issued by C with the credit card, and did not pay 3,101,142 won and interest thereon.

B. On October 31, 2002, C transferred the instant credit card payment claim to the Defendant to D Co., Ltd. and notified the Defendant of the assignment of the said credit at that time.

C. On April 19, 2006, D Co., Ltd. filed a lawsuit against the Defendant with Seoul Southern District Court 2006Gapo25217, and sentenced that “the Defendant shall pay to the Plaintiff 6,297,043 won and 3,101,142 won, which shall be at the rate of 20% per annum from October 19, 2005 to the date of full payment” (hereinafter “prior judgment”), and the said judgment became final and conclusive on May 12, 2006.

D Co., Ltd. transferred the instant card payment claim to the Plaintiff on June 15, 2011, and notified the Defendant of the assignment of claim on July 20, 201.

E. As of January 13, 2014, the principal and interest of the instant card price claim is KRW 12,008,028, and the principal and interest of the instant card price claim is KRW 3,050,822.

(D) The Bank shall deduct 50,320 won from the principal of the judgment in advance. 【The ground for recognition】 the fact that there is no dispute, each entry in Gap’s evidence 1 through 6 (including the number of branches), and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff, the final transferee of the instant credit card payment claim the principal of KRW 12,008,028 and the principal of KRW 3,050,822 among them, damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 8, 2014 to the date of full payment, which is the day following the delivery of a copy of the instant complaint. If the Plaintiff files the instant lawsuit for the extension of the extinctive prescription of the claim established by the foregoing preceding judgment, the instant lawsuit has the benefit of protecting rights as

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