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(영문) 부산지방법원동부지원 2016.01.08 2015가단212970
양수금
Text

1. The defendant's KRW 23,673,976 for the plaintiff and 17% per annum from October 25, 2003 to October 7, 2005 for the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff acquired the claim of KRW 4,166,690 against the Defendant of the Samsung Card Co., Ltd., the claim of KRW 17,083,100 against the Defendant of the Samsung Card Co., Ltd., and the claim of KRW 2,460,786 against the Defendant of the Hyundai Card Co., Ltd., and completed the notification of the transfer of claim against the Defendant.

B. On October 25, 2003, the Plaintiff applied for the payment order against the Defendant that “The Defendant shall pay to the Plaintiff the amount of KRW 23,703,959 and the amount calculated at the rate of 17% per annum from October 25, 2003 to the service date of the original copy of the instant payment order, and 20% per annum from the next day to the day of full payment (the Busan District Court Decision 2005Da37881),” and the above payment order decision became final and conclusive on October 22, 2005.

C. The defendant is 29,983 won of the above debt accrued before the plaintiff acquired the claim from the Samsung Card Co., Ltd.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10, purport of whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the plaintiff 23,673,976 won (23,703,959 won-29,983 won) and 17% per annum from October 25, 2003 to October 7, 2005 and 20% per annum from the next day to the date of full payment.

B. As to the judgment on the defendant's defense, the defendant asserted that the plaintiff's claim against the defendant was expired due to the plaintiff's claim against the defendant in 1997, but there is no evidence to prove the above facts, and thus, the above assertion by the defendant is

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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