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(영문) 대구지방법원 2016.12.22 2016나304551
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 18,864,494 and KRW 8,106,483 among the Plaintiff and the Plaintiff’s KRW 18,86,483, August 18, 2014.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The defendant is the Daegu Bank Co., Ltd. (hereinafter "Tgu Bank") around July 1999.

) Over, around July 2010, the new card Co., Ltd. (hereinafter referred to as “new card”)

and, around 2011, one Card Co., Ltd. (hereinafter referred to as “one Card”).

(2) The Defendant, as of May 31, 2013 (the date of confirmation of assets), bears the liability for the use of credit cards as indicated below.

The Plaintiff, on June 21, 2013, 299, 492 5,871, 186 New Card 807,500,876,800 one Card 4,99, 4912,737,426, total sum 8,106,4839, 912, 737,426, 8,106, 485, 4123) shall be the Daegu Bank and the New Card and the New Card, and the one card on June 28, 2013, shall be the instant credit transfer agreement (hereinafter referred to as “instant credit transfer agreement”).

(1) A credit card-use claim (hereinafter “instant claim”) held against the Defendant by each of the above claims financial institutions.

In addition, the Plaintiff was assigned with the authority to notify the assignment of claims from financial institutions of the instant claim pursuant to Article 6(1)2 of the Assignment Contract. 4) On September 5, 2016, the Plaintiff submitted a written notice of the assignment of claims (Evidence A9) regarding the instant claim in the form of documentary evidence, and the document was served on October 19, 2016 by means of delivery to the Defendant.

5) According to Article 15 of the standard terms and conditions for personal credit card holders, where a member fails to pay a credit card user fee, compensation for delay shall be additionally borne by the credit card company, and the rate of overdue interest calculated by paying damages for delay shall be determined and notified by the credit card company. The rate of overdue interest determined by each credit financial institution is 17% per annum from the day following the day when the assets are finalized to the day of complete payment. [Grounds for recognition] There is no dispute, Gap evidence 1 through 9 (including

each entry, the purport of the whole pleading

B. The arrival of the notification of the assignment of claims is recognizing the content of the notification by the obligor.

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