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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 전주지방법원 2015.11.26 2014나7738
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. The following facts of the recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 7 and 10 to 12 (including additional numbers):

On June 12, 2001, in the name of the defendant, the card membership agreement was entered into with the Korea Light Bank Co., Ltd. (Gu Light Bank; hereinafter referred to as "Korea Card") and the LG 2030 Card Member Agreement was entered into on June 12, 2001.

B. Our card and EL branch card respectively issued a credit card in the name of the defendant (hereinafter “each of the instant cards”), and the settlement amount was paid by automatic withdrawal from the former bank account in the name of the defendant, but the payment was not paid from February 27, 2002 to EL branch card, and from July 2002 to EL branch card.

C. On September 30, 2003, the El branch card transferred the credit card payment claim (3,956,000 won and interest/fee259,915 won as of August 31, 2003) to the Korea Asset Management Corporation, and notified the Defendant of the above assignment of credit on the same day.

On May 13, 2005, our card and the Korea Asset Management Corporation transferred each credit card payment claim (208,333 won of the principal of our card as of March 31, 2005, and 3,956,000 won of the principal of ELD Card, interest and provisional payment separately) against the Defendant to the Plaintiff. On the same day, the Plaintiff notified the Defendant of the transfer of the above credit in accordance with Article 7 (1) of the Asset-Backed Securitization Act.

E. The principal and interest of each of the instant cards, calculated as of April 1, 2005, are KRW 382,395 (=principal KRW 208,333,062) and KRW 5,703,479 (= Principal KRW 3,956,00) and KRW 6,085,874.

2. The assertion and judgment

A. According to the above facts of recognition, the defendant paid each of the card of this case to the plaintiff unless there are special circumstances.

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