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1. Of the instant lawsuit, the claim portion of the transfer money in the separate sheet shall be dismissed.
2. The defendant shall pay to the plaintiff KRW 36,938,939 and its amount.
Reasons
1. Basic facts
A. Claim 1) Samsung Card Co., Ltd. (hereinafter Samsung Card Co., Ltd.)
(2) On November 3, 2005, Samsung Card Co., Ltd. entered into an agreement with the Defendant on credit card loan with the Defendant, and extended KRW 19,30,00 to the Defendant for a loan period of one year, interest rate of 28% per annum, respectively. On December 3, 2015, the principal amount of KRW 18,843,133, interest rate of KRW 18,095,806, and KRW 36,938,939, in total. 2) On November 3, 2005, Samsung Card was rendered a favorable judgment on December 28, 2005 against the Defendant based on the above credit claim.
The above judgment was finalized on January 26, 2006.
3) After that, on January 25, 2006, Samsung Card transferred the above claim to a limited liability company specializing in Korea's Japanese-Japan Asset-backed Securitization. On April 30, 2008, the above limited liability company transferred the above claim to Solomon Mutual Savings Bank, and notified the Defendant of the assignment of the claim on the same day with the Samsung Card affixed a seal, and on June 11, 2010, Solomon Mutual Savings Bank transferred the above claim to the Plaintiff on June 4, 2010. The overdue interest rate applied by the Plaintiff is 17% per annum that is lower than the above overdue interest rate.
B. On April 18, 2003, the new card was loaned 21,60,000 won to the Defendant at an annual interest rate of 22% and 4 years of loan. On December 3, 2015, the new card remains 65,836,729 won for principal as of December 3, 2015. 2) The new card was rendered a favorable judgment on September 10, 2009 by filing a loan claim lawsuit with the Seoul East Eastern District Court 2009Da6191222.
The above judgment was finalized on September 29, 2009.
[Reasons for Recognition] Evidence Nos. 1 to 7, Evidence No. 1 to 1, Evidence No. 1 to 1, and the purport of the whole pleadings
2. The Plaintiff’s determination as to the legitimacy of the part concerning the claim for the amount of the credit card transfer.
The principal and interest of the above claim shall be claimed by asserting that the new credit card was acquired by transfer.
ex officio, the above-mentioned facts are examined.