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(영문) 서울중앙지방법원 2015.07.14 2015가단5131058
양수금
Text

1. As to KRW 95,606,564 and KRW 23,632,852 among the Plaintiff, the Defendant is 5% per annum from March 7, 2015 to April 8, 2015.

Reasons

1. Facts of recognition;

A. On February 7, 2003, the Defendant concluded a card subscription contract with Samsung Card, and thereafter, issued a payment order to the effect that “the Defendant shall pay Samsung Card KRW 8,961,117 and delay damages to Samsung Card” with the Changwon District Court Decision 2003Hu1230 on February 7, 2003.

B. Around 1991, the Defendant entered into a card subscription agreement with the Korean Commercial Bank (which was merged with the Korean Bank) and later delayed payment of the card price.

C. Samsung Card and us Bank notified the Defendant of the transfer of the claim against the Defendant on May 6, 2003 and May 6, 2008.

F.

(a).

As of March 6, 2015, total of KRW 23,632,852 as principal and KRW 71,973,712 as of principal and KRW 95,606,564 as of March 6, 2015 remains.

E. The promotional mutual savings bank was bankrupted by Seoul Central District Court No. 2013Hahap64, and the Plaintiff was appointed as bankruptcy trustee.

[Grounds for recognition] The items of evidence Nos. 1 through 7, and the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff the principal of KRW 95,606,564 and KRW 23,632,852 from March 7, 2015 to April 8, 2015, which is the delivery date of the original copy of the payment order, 5% per annum as stipulated in the Civil Act, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. If so, the plaintiff's claim is justified.

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