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(영문) 광주지방법원 2019.04.10 2018나54926 (1)
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 20, 2001, the Defendant borrowed 5 million won from C on December 20, 2001, joined as a credit card member of C on June 4, 2001, and joined as a credit card member of C on January 10, 2002.

Since then, on June 30, 2003, the credit card claims against the Defendant Co., Ltd. were transferred to E Co., Ltd., and transferred to G Co., Ltd. (hereinafter “Co.”) on May 10, 2007 through F Co., Ltd. (hereinafter “Co.”).

The details of each claim against C and G around that time are as follows.

The repayment of the principal and interest of the loan due to delay in repayment of the principal and interest of the defendant was lost on the date of loan of the loan of the creditor.

1 C On December 20, 2001, December 19, 2004, 19% 19% on 27, 2003 credit card, which was changed from June 30, 2006 to 28% per annum from May 1, 2003.

on March 6, 2003 DM 8,545,225, total of KRW 2,370,665, G special bonds (Depreciation bonds) 2,370,665

B. C applied for a payment order against the Defendant for the payment of the claim Nos. 1, 204Da7702 and damages for delay on each of the above claims. On February 20, 2004, the Defendant received a payment order with the content that “The Defendant shall pay to C the amount of KRW 8,118,918 and 5,00,000 among them shall be KRW 19% per annum from February 14, 2004 to the date of full payment, KRW 1,174,560 per annum from February 14, 2004 to the date of full payment, and KRW 95,800 per annum from February 14, 2004 to the date of full payment.” The above payment order was finalized on July 24, 2004.

C. On April 10, 2009, the Plaintiff transferred the total amount of KRW 6,174,560 in total and damages for delay up to February 27, 2009, KRW 832,464 in total from C to Defendant 7,07,024 in the claim Nos. 1, 2, and 7,007,024 in relation to the Defendant, and notified the Defendant of the assignment of claims on behalf of C, the transferor of claims on December 2, 2009.

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