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1. The defendant shall pay to the plaintiff the amount of KRW 152,211,754 and KRW 42,697,349 from February 28, 2018 to the day of full payment.
Reasons
1. Facts of recognition;
A. A limited liability company specializing in desired baby-backed securitization (hereinafter “HA”) filed an application against the Defendant for the payment order of transfer money at the Gwangju District Court 2008 tea 1881.
Accordingly, the above court ordered the Defendant to pay “81,176,143 won and 42,812,489 won among them at the rate of 17% per annum from March 24, 2008 to the date of full payment.” The above court ordered the Defendant to pay the original of the payment order at the rate of 17% per annum. The Defendant was served on March 31, 2008 and did not object to the payment order.
B. The claim for the acquisition of the credit which Nonparty 1 sought from the above payment order is 12,64,848 won in total of LG card price and card loan price, 64,301,254 won in Samsung Card price (19,239,618 won), 4,240,192 won in Hyundai Capital’s small credit credit loan amount, 4,240,192 won in KG U-dong 3 credit card price and card loan cost, 9,229,457 won (3,06,974 won 6,222,483 won).
C. On January 26, 2018, the Plaintiff acquired the claim against the Defendant from Nonparty Desired mother, and Nonparty Desired mother sent the notice of assignment to the Defendant by content-certified mail on March 8, 2018.
The remaining principal as of February 27, 2018 is 42,697,349 won, and damages for delay are 109,514,405 won.
[Ground of recognition] Unsatisfy, entry of evidence A1 to 3, purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff, who re-enters a suit for the extension of prescription, 152,211,754 won in total, and 42,697,349 won in total, the remaining principal and interest, and delay damages at the rate of 15% per annum, as sought by the Plaintiff, from February 28, 2018 to the date of full payment, on the basis of calculation base date.
The Defendant did not receive the notification of the assignment of the claim, and the obligation of the LG card, Samsung Card, Hyundai Capital Capital, and KB credit card price, etc. that the Plaintiff acquired by transfer, had been executed on March 12, 2004 by Hyundai Capital by filing an application for a movable auction with the Gwangju District Court 2004No1691, and the execution on March 12, 2004 was completed. The LG card corporation was the Gwangju District Court 2003 tea2