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(영문) 의정부지방법원 2016.02.18 2014나6634
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff intervenor 12,180,504 won and this.

Reasons

1. Facts of recognition;

A. On August 22, 1995, the Defendant entered into a credit card subscription agreement with a foreign exchange credit card company (hereinafter “foreign exchange credit card”) and reached KRW 12,180,504 as of March 7, 2003 by using a foreign exchange credit card (hereinafter “instant credit card”).

B. On March 7, 2003, the foreign exchange credit card transferred 12,180,504 won of the instant credit card payment claim to a limited company specializing in the first asset-backed securitization (hereinafter “house foreign exchange card”) (hereinafter “the first assignment of claims”), and the account transfer card was notified to the Defendant on April 24, 2003 upon delegation by the foreign exchange credit card, and the said notification was delivered to the Defendant around that time.

C. On March 12, 2004, the U.S. Exchange Card transferred the instant credit card payment claim (hereinafter “the second credit transfer”) to Busan Mutual Savings Bank (hereinafter “U.S. Mutual Savings Bank”), and on May 28, 2004, notified the Defendant of the assignment of the credit, and the said notification reached the Defendant around that time.

On November 23, 2011, the Financial Services Commission decided to transfer a contract to an injured mutual savings bank, which is an insolvent financial institution, pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, and publicly announced it on the 24th of the same month, and the transferee succeeded to the credit card price claim as a financial institution that has received a contract transfer

[Ground of recognition] without any dispute, Gap's 1, 2, Gap's 3-1 to 3, Gap's 5-1, a party member's foreign exchange card company's fact-finding result, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts-finding on the assertion of the acquiring intervenor, the defendant is obligated to pay the acquiring intervenor the credit card price of 12,180,504 won and the delay damages.

B. The defendant's assertion is judged.

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