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(영문) 서울중앙지방법원 2016.06.24 2016나3880
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

The defendant shall pay to the plaintiff 4,966,840 won and 2,400.

Reasons

1. The plaintiff sought payment from the defendant of the foreign exchange card company, new card company, Samsung Card company, and Hyundai Capital Co., Ltd. (hereinafter referred to as "Moman Capital"). The court of first instance dismissed the claims asserted by the plaintiff as to the claims that the plaintiff acquired from Hyundai Capital, and accepted all the claims as to the remainder.

Therefore, since only the plaintiff appealed against the losing part, the subject of the judgment of this court is limited to the claim concerning the amount of the principal amount of KRW 2,400,000 and interest interest of KRW 2,566,840, which is the claim for the amount of the takeover, which is the claim that the court of first instance rejected.

2. Determination as to the cause of action

A. The Defendant, on February 19, 2010, obtained a credit card loan of KRW 2.4 million by setting the interest rate of KRW 2.99% per annum from the Hyundai Capital Capital on February 19, 201, and then obtained such loan (hereinafter “instant loan”).

(2) Around December 28, 2011, Hyundai Capital transferred the claim for the instant loan to the Plaintiff. Around that time, it notified the Defendant of the assignment of the claim.

3) Meanwhile, as of February 12, 2015, the Defendant’s obligation to the instant loan amounting to KRW 4,966,840 (i.e., principal interest of KRW 2,400,000) (i.e., interest of KRW 2,566,840). (ii) According to the Plaintiff’s business regulations on the management of the entrusted bond of the Credit Counseling and Recovery Fund, the Plaintiff is obliged to apply 17% per annum to the interest rate of the purchase claim within the scope of the original agreed interest rate.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant calculated 17% per annum from February 13, 2015 to the day of full payment, as to the Plaintiff, the assignee of the instant loan, the sum of KRW 4,966,840, and the principal principal of KRW 2,400,00, out of which are the total sum of principal and interest, as well as KRW 4,966,840.

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