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(영문) 서울북부지방법원 2019.05.28 2018나34900
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. The following facts are either disputed between the parties, or acknowledged based on Gap evidence Nos. 1, 3-1, 2, 4-1, 2, 6, 7, 3, and 4. The whole purport of the arguments is as follows:

C The Co., Ltd. issued a credit card to the Defendant on May 22, 1999, and the Defendant, around 2006, delayed payment of KRW 14,857,533, and the overdue interest rate applied by the Co., Ltd to the members in arrears of the credit card usage fee is 25% per annum as of February 29, 2004.

B. On February 24, 2001, the LAE entered into an additional agreement to increase the lending limit to KRW 15 million to the Defendant by setting the interest rate of KRW 7 million at 19% per annum.

C. The Dispute Resolution Co., Ltd. and the Dispute Resolution Co., Ltd. were merged into the Dispute Resolution Co., Ltd., and on December 28, 2006, the Dispute Resolution Co., Ltd. transferred the Credit Card Use Price Claim and Automatic Loan Claim to the FLiability Company, and sent a notice of assignment of claim to the Defendant on January 9, 2007 and January 15, 2007.

On November 16, 2009, the F limited liability company transferred the credit card user fee claim and automatic loan claim to G limited liability company, and sent the notice of assignment to the Defendant on January 4, 2010 to the Defendant by content-certified mail.

E. On March 31, 2015, G limited liability company transferred the above credit card usage price claim and passbook loan claim to the Plaintiff. On July 6, 2015, upon delegation from G limited liability company that is the transferor, the Plaintiff sent the notice of assignment to the Defendant by content-certified mail to “Seoul Yangcheon-gu H building I”.

2. Determination as to the cause of action

A. The summary of the parties' assertion is that the plaintiff finally acquired the above credit card-use price claim and automatic loan claim against the defendant of the LABD through F limited liability company and G limited liability company, and since the above transferor notified the defendant of the transfer of each credit to the defendant, the defendant shall pay the above transfer price claim and damages for delay to the plaintiff.

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