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(영문) 수원지방법원 2020.07.02 2019나71974
양수금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special purpose company established for asset-backed securitization under the Asset-Backed Securitization Act.

B. Upon entering into an asset transfer contract with D on October 24, 2003, C transferred the credit amount claim against the Defendant as follows, and D on the same day, D again transferred the transferred credit to the Plaintiff.

(hereinafter referred to as “transfer claim of this case”). The transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer (based on principal) amount 2002-5-27 unredeemed (based on principal) 3,359,738 won from the date of the first loan (credit card contract) by C debtor of a financial institution.

C. The Plaintiff notified the Defendant of the assignment of claims under Article 7 of the Asset-Backed Securitization Act by means of sending it by content-certified mail on December 18, 2003.

With respect to the overdue interest rate on the amount of outstanding bonds (principal), the Plaintiff makes a blanket application by 17% equivalent to the minimum overdue interest rate of each transfer agency based on the date of the assignment of the above bonds.

E. On Sep. 18, 2002, before the transfer of the instant claim, C filed a lawsuit against the Defendant on Sep. 18, 2002, Seoul Central District Court 2002DaDa1763495, and the judgment became final and conclusive on Jan. 8, 2003. On Apr. 22, 2009, after the transfer of the instant claim, the Plaintiff filed an application with the Defendant for payment of the amount of KRW 3,659,738, including the transfer of the instant claim against the Defendant, with 17% per annum from the day after the transfer of the instant claim to the day when the original copy of the payment order was served, and the payment order from the next day to the day when the payment order was repaid until the day when the original of the payment order was repaid, the Plaintiff did not receive the original of the instant case from Oct. 25, 2003 to the day when the original of the payment order was served on May 29, 2009.

F. The Plaintiff’s claim against the Defendant, which was finalized by the payment order.

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