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(영문) 인천지방법원 2017.10.25 2016나12878
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The interest rate on the principal balance of a loan of a financial institution (date of establishment) on April 20, 200, 200, 17% per annum 17% per annum 28, 2000, 800, 800, 17% per annum 7,275,788% per annum on August 28, 2000;

A. The Defendant concluded a credit card use agreement with LG Capital Co., Ltd. and Samsung Capital Co., Ltd., and used the credit card, and entered into an Anlon card loan agreement with the National Bank of Korea. As of April 1, 2005, each of the credit card payment and the remaining principal and agreed interest rates and agreed interest rates (hereinafter “LG card payment”), and the national card payment, respectively, are as follows.

B. On April 30, 2003, Samsung Card Co., Ltd. transferred credit cards to the Korea Asset Management Corporation, and notified the transfer of credit around May 30, 2003.

On May 13, 2005, LG Capital Capital Co., Ltd. (LG card Co., Ltd. at the time of transfer), the Korea Asset Management Corporation, and KB-backed 2 Co., Ltd. transferred the instant claims against the Defendant to each Plaintiff, and at that time notified the Defendant of the fact of the said transfer by content-certified mail.

[Grounds for Recognition] The non-contentious facts, KB National Card Co., Ltd., Samsung Card Co., Ltd., Samsung Card Co., Ltd., and the result of response to the submission of documents to new card Co.

2. Determination

A. The fact that the Plaintiff received the instant claim from LG Card Co., Ltd., the Korea Asset Management Corporation, and the KB Asset-2 Co., Ltd. is as seen earlier. Therefore, the Defendant is obligated to pay the principal and interest of the instant claim to the Plaintiff, barring any special circumstance.

B. However, the Defendant’s defense that the five-year extinctive prescription had already been completed prior to the filing of the instant lawsuit is examined as to all of the instant claims.

The KB National Card Co., Ltd., Samsung Card Co., Ltd., and the New Card Co., Ltd. order to submit each document.

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