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(영문) 서울동부지방법원 2015.10.30 2015나22290
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) The defendant used 435,966 won as a temporary payment on July 25, 2005 and 3,000,000,000 won for cash services on August 25, 2005 and paid 6,435,966 won in total on the settlement date while he applied for membership on April 18, 200 to a foreign exchange credit card, a credit card company (an overseas exchange bank, a stock company, March 17, 2004) and was used with a credit card.

The overdue interest rate determined by the foreign credit card company at the time is 24% per annum.

(2) On November 4, 2005, Korea Exchange Bank requested a payment order against the defendant for the payment of the credit card use price as Seoul Central District Court Decision 2005Da53648, and on November 4, 2005, "the defendant shall pay to Korea Exchange Bank 6,971,640 won and 6,435,966 won with 24% interest per annum from September 29, 2005 to the day of full payment." The payment order became final and conclusive on November 29, 2005.

(3) On December 20, 2007, Korea Exchange Bank Co., Ltd.: (a) transferred the credit card-based claim ( principal KRW 6,435,96, KRW 4,284,316, KRW 94,690) that it had against the Defendant to Korea on December 20, 207; (b) the second transferor to Korea on August 6, 2010; (c) the third transferor to the Korea Exchange Asset Management Co., Ltd. (hereinafter “the third transferor”); and (d) the third transferor to the Plaintiff on June 10, 2011, the Defendant was notified of each of the above transfer on March 10, 2015, which was served on the Defendant.

[Grounds for Recognition: Each entry in Gap evidence Nos. 1 through 4, the fact-finding results on one card corporation, the purport of the whole pleadings]

B. According to the above facts of recognition, the defendant's 11,806,461 won = principal = 6,435,966 Won 4,284,316 won 6,435.

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