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(영문) 서울중앙지방법원 2016.03.04 2014나70442
양수금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On July 28, 2003, the Defendant borrowed KRW 5 million from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), and agreed to apply the basic terms and conditions for banking transactions (for accounting).

B. On August 6, 2010, our bank transferred the above loan claims (i.e., principal 147,288 won and interest, delay damages, and hereinafter “the instant claims”) to a social loan company that took place in the Eastyang (hereinafter “Dongyang”). On April 26, 2011, our bank delegated the notification of the assignment of claims from our bank and sent the notification of the assignment of claims to the Defendant by content-certified mail.

C. On October 31, 2010, 2010, the Dong Yangyang transferred the instant claim to Tyman Loan Co., Ltd. (hereinafter “Tyman”), and Tyman, on April 26, 201, delegated the notification of the assignment of claim from the Dong Yangyang Social Co., Ltd., and sent the notice of the assignment of claim to the Defendant by content-certified mail.

On April 30, 2012, Teyi transferred the instant claim to the Plaintiff. On August 28, 2012, the Plaintiff was delegated with the power to notify the assignment of claims from Teyi and notified the Defendant of the said transfer.

E. As of April 16, 2014, the Defendant’s above loan obligation remains in total of KRW 147,288, interest or delay damages in total of KRW 97,480,00,000. The overdue interest rate determined by the Plaintiff is 17% per annum.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number), and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above amount of KRW 244,768 and delay damages for the principal amount of KRW 147,288.

B. The Plaintiff is not more than Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as “new card”) with a credit card use payment claim against the Defendant of the new card (the total amount of principal and interest of KRW 4,699,759, and interest of KRW 1,219,298 on principal and interest of KRW 1,29,298) and damages for delay.

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