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(영문) 인천지방법원 2014.12.10 2014가단208100
양수금
Text

1. The defendant shall pay to the plaintiff KRW 27,667,352 and the amount of KRW 22,403,732 among them, from December 12, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant approved that the bank credit transaction basic terms and conditions and the credit card holders’ terms and conditions apply as indicated below, and received loans from the creditor financial institutions.

The loan balance (unit: up to December 11, 2013; unit: 15,95,4121,445,2842 of the National Card No. 15,30,000 1,128,687,320,320 22,689,649, totaling 22,403,7325,263,620 of the loan principal and interest of the new bank loan No. 1,30, 15,412,45,2842 of the previous bank loan No. 1,30,300,300,325,620 of the loan principal and interest of the previous bank was lost due to the Defendant’s failure to repay the above loan principal and interest, and as of December 11, 2013, the obligation details as listed below are as follows.

B. On May 31, 2013, the above financial institutions transferred all of the claims owed against the Defendant to the Plaintiff, and the Plaintiff received delegation from the above creditor financial institutions with the authority of notifying the transfer and notified the Defendant of the assignment, and the above notification was delivered to the Defendant around that time.

C. The rate of damages for delay determined by the Plaintiff is 17% per annum from the day after the date when assets of each claim are fixed to the day of full payment.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8 (each number is included), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest of the above transfer money (=2,403,732 won 5,263,620 won) and damages for delay calculated at the rate of 17% per annum, which is the agreed interest rate, from December 12, 2013 to the date of full payment, to the date of full payment, as to the total principal amount of KRW 22,403,732.

3. The defendant's argument on the defendant's assertion argues that the defendant's claim on loans to the defendant of the new bank against the new bank was extinguished by the lapse of five years of extinctive prescription, and the claim on the use of credit card against the defendant of the national card with three years

The credit shall be extended to the Defendant of the new bank.

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