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(영문) 서울중앙지방법원 2018.08.27 2018나7251
양수금
Text

1. The Defendant shall complete the payment of KRW 3,251,468 to the Intervenor succeeding to the Plaintiff, as well as KRW 990,896 among them, from November 11, 2016.

Reasons

1. The plaintiff (Withdrawal) at the first instance court claimed the payment of each credit card use-price claim that was acquired from a new credit card company against the defendant, and the credit card loans that were acquired from a new credit card company from the new credit union owner, but the first instance court dismissed all of the plaintiff's claims.

In this regard, only the plaintiff (Withdrawal) appealed against the part of the credit card use-price claim, so this Court's judgment is limited to the above part of the credit card use-price claim.

2. Basic facts

A. On June 23, 2005, the Defendant concluded a credit card use contract with a new credit card company and received a credit card and used it. The Defendant did not pay 990,896 won and interest thereon.

B. On December 20, 2006, the New Card Co., Ltd. filed a lawsuit against the Defendant for the payment of credit card bills under the Jinwon District Court Jinwon Branch Decision 2006Gau34381, and the above court rendered a judgment to the effect that “the Defendant shall pay to the Plaintiff the amount calculated by the rate of 28% per annum from May 5, 2006 to the date of full payment, with respect to KRW 1,127,061 and KRW 90,896 among them, and the above judgment became final and conclusive on February 23, 2007.

C. On December 12, 2008, the New Card Co., Ltd. transferred the above credit card usage payment claim against the Defendant (hereinafter “instant claim”) to the Plaintiff (ex officio), and on May 16, 2017, notified the Defendant of the assignment of the above credit card assignment and reached the Defendant at that time.

On January 26, 2018, the Plaintiff (Withdrawal) transferred the instant claim to the Intervenor succeeding to the Plaintiff, and on April 2, 2018, notified the Defendant of the assignment of the said claim and reached the Defendant at that time.

E. As of November 10, 2016, the principal and interest of the instant bonds are KRW 3,251,468, and among them, the principal and interest of the instant bonds are KRW 990,896.

【Ground for recognition】 The fact that there is no dispute, entry of Gap's 1 through 9, the purport of whole pleading

3. According to the fact of the above recognition, the fact of the above recognition is examined.

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