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(영문) 부산지방법원 2017.08.29 2016가단340838
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 48,288,957 and KRW 23,511,309 among them, from August 17, 2016 to the day of full payment.

Reasons

Basic Facts

The following facts may be acknowledged by comprehensively integrating the purpose of the entire pleadings in each statement of evidence Nos. 1 through 12, and each statement of evidence Nos. 1 through 4 is insufficient to reverse it.

The plaintiff is a corporation established under the Asset-Backed Securitization Act.

On March 15, 2011, the Defendant entered into a credit card issuance contract with Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) and delayed payment of the credit card payment from January 5, 2012 after using the credit card.

As of August 3, 2016, the Defendant’s obligation unpaid as of August 3, 201 is the principal amount of KRW 3,001,280, and interest of KRW 3,564,158, and KRW 6,565,438.

On June 10, 201, 100, 100,000 won as automobile purchase fund was loaned to the Defendant at the interest rate of 11.34% per annum, and annual interest rate of 24% per annum. The Defendant lost its interest at that time because it did not repay its obligation from January 25, 2012.

As of August 3, 2016, the Defendant’s obligation unpaid as of August 3, 2016 is the total of KRW 20,510,029, and KRW 21,213,490, and KRW 41,723,519.

On May 20, 2016, Hyundai Capital transferred each of the above claims against the Defendant to the Plaintiff, and around that time, notified the Defendant of the assignment of claims.

Judgment

According to the above facts as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from August 17, 2016 to the day of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (i.e., KRW 3,001, KRW 280, KRW 20,510,029) and the principal amount of KRW 23,51,309 (i.e., KRW 3,001, KRW 280, KRW 20,510,029).

As to the defendant's assertion, the defendant purchased a vehicle under the name of the defendant and received a loan from the Mog Capital Capital, in the name of the defendant, from the approaching B et al. who had a disability around November 2010.

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