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(영문) 서울중앙지방법원 2016.04.06 2015나68149
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant as to the claim of 161,531 won interest shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. 1) The defendant on August 17, 1998 (hereinafter referred to as the "Pung Bank") shall be the Peace Bank Co., Ltd. (hereinafter referred to as the "Pung Bank").

A) After receiving a loan of KRW 10 million from the Plaintiff, partially repaid the principal and interest of KRW 10 million until September 25, 2001, but the remainder interest of KRW 161,531 was not paid (hereinafter “the instant loan interest claim”).

(2) In addition, the Defendant used a credit card issued by the Peace Bank on July 19, 200, but failed to pay the credit card price of KRW 2,891,610.

The agreed interest rate for delay on the above credit card price is 28% per annum, and interest is 7,159,206 won until October 12, 2009.

(hereinafter referred to as “credit card claim of this case”) ① Korea Credit Card Co.,, Ltd. (hereinafter referred to as “Korea Credit Card”) after the change of peace bank.

On December 31, 2001, our financial system transferred the credit card claim of this case to a limited-liability company specializing in securitization, and on February 7, 2002, notified the Defendant of the transfer of the credit card claim of this case. ② On September 30, 2004, our financial system transferred the credit card claim of this case to the Plaintiff on September 30, 2004, and notified the Defendant of the transfer of the credit card claim of this case on October 7, 2004. ② The Defendant’s individual rehabilitation procedure 1) filed an application for individual rehabilitation with the Incheon District Court 2011 Decision to authorize the repayment plan on July 9, 2015, and the said decision became final and conclusive as is.

2) Our Bank (hereinafter “Korea Bank”) that received the transfer of the instant loan interest claim (hereinafter “Korea Bank”).

(3) On the other hand, the Defendant did not enter the amount of the claim in the column for “a fixed bond amount” in the creditor registry at the time of the above application for rehabilitation in the creditor registry. Meanwhile, the Defendant did not enter the creditors who acquired our credit card and the instant credit card claim thereafter in the creditor registry.

[Ground of recognition] without any dispute, Gap 1 through 3, Eul 1.

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