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(영문) 서울중앙지방법원 2018.04.11 2017나60293
양수금
Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuits, it shall be taken over from the new card company.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the arguments as a whole, based on the following facts: Gap evidence 1, Gap evidence 2-1 through 3, Gap evidence 3-1, 2-2, Gap evidence 4-1, 2-2, and the court of first instance as to the response to the order to submit financial transaction information to the Korea Cmat Bank Consumer Finance Business Department (hereinafter "Cmat Bank").

Around March 29, 2002, the Defendant entered into a credit card use contract with Hyundai Capital, and received small credit loans on April 20, 2002, and entered into a credit card use contract with a new credit card around April 200, and entered into a credit card use contract with a new credit bank on June 18, 2002.

B. On July 1, 2010, Hyundai Capital transferred to the Plaintiff (hereinafter “Plaintiff”) a small-sum credit loan claim against the Defendant to the Plaintiff (hereinafter “Plaintiff”) on March 26, 2010, irrespective of the mutual change; the new card transferred the credit card and the provisional payment claim against the Defendant to the Plaintiff on June 21, 2013; and on September 10, 2006, Citmon Mutual Savings Bank transferred on order to the Plaintiff special credit claims against the Defendant (Depreciation Mutual Savings Bank) on June 11, 2010.

C. The Plaintiff notified the Defendant on June 23, 2014 as to each claim that was transferred from Hyundai Capital Savings Bank, Solomon Mutual Savings Bank, and from Hyundai Capital Savings Bank, Solomon Mutual Savings Bank and Solomon Mutual Savings Bank as to each claim that was transferred from Solomon Mutual Savings Bank.

As of November 29, 2016, the principal balance of the credit that was acquired from Hyundai Capital was 6,387,508 won, overdue interest was 7,681,88 won, the principal balance of the credit that was acquired from Solomon Mutual Savings Bank was 682,986 won, overdue interest was 77,877 won, the overdue interest was 777 won, the principal balance of the credit that was acquired from the new card was 3,387,508 won, and overdue interest was 11,950 won.

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