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(영문) 대전지방법원 2016.05.26 2014나107046
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 26,402,790 among the Plaintiff and KRW 8,336,60 among the Plaintiff’s KRW 26,400, May 30, 2013.

Reasons

Basic Facts

On July 31, 200, the Defendant issued and used a credit card to Samsung Card Co., Ltd. as a credit card holder, and received and used a credit card loan. As of July 31, 2003, the principal amount of the card use price for Samsung Card Co., Ltd. (hereinafter “the instant card price”) is KRW 7,386,60, and the principal amount of the loan is KRW 950,000.

Samsung Card Co., Ltd. transferred the instant card price and loan claims to a limited liability company specialized in the Am-backed securitization on July 31, 2003, and on September 5, 2003, Am-backed securitization limited liability company notified the Defendant of the transfer of the said claim.

On March 31, 2008, AVS limited liability companies transferred the instant card price and loan claims to the Promotion Mutual Savings Bank, and AVS limited liability companies notified the Defendant of the transfer of the said claim on May 6, 2008.

On April 10, 2009, the promotion mutual savings bank transferred the instant credit card payment and loans to the Plaintiff (the Credit Counseling and Recovery Fund, a stock company prior to the change), and the promotion mutual savings bank notified the Defendant of the transfer of the said claims on or before December 2, 2009.

The overdue interest rate for the instant card payments and loans is 17% per annum, and as of May 29, 2013, the Defendant did not pay KRW 26,402,790 [the interest and overdue interest on the instant card payments of KRW 15,970,00 for the principal amount of the card payments of KRW 15,970 for overdue interest on the card payments of KRW 7,386,60 for the card payments of KRW 15,970 for the principal amount of the card payments of KRW 950,000 for the interest and overdue interest rate of KRW 2,096,151].

[Ground of recognition] According to the facts of recognition as above, Gap evidence Nos. 1 through 5 (including the number of branch offices) and the purport of the whole pleadings, the defendant is obligated to pay the following money to the plaintiff who received the claim for the principal and interest of the card price and the loan against Samsung Card Co., Ltd. in the order of priority transfer.

Card price: 23,356,639 won and principal 7,386,600 won among them shall be the plaintiff.

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