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(영문) 서울중앙지방법원 2016.07.13 2016나20175
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

Facts of recognition

around 2002, the defendant lent 5,000,000 won to the National Bank of Korea, and the interest for delay exceeded 17% per annum.

In around 2009, the defendant entered into a membership contract with the new credit card company, and obtained a credit card and failed to pay part of the amount of the credit card usage, etc., and the delayed compensation rate for the amount exceeded 17% per annum.

In around 2006, the Defendant entered into a membership contract with the National Card Co., Ltd., and obtained a credit card and failed to pay part of the amount of the credit card usage, etc., and the delayed compensation rate exceeded 17% per annum.

In around 2008, the defendant entered into a membership contract with Hyundai Card Co., Ltd., and obtained a credit card and failed to pay part of the amount of the credit card usage, etc., and the delayed compensation rate exceeded 17% per annum.

After that, on April 17, 2010, Hyundai Card Co., Ltd. transferred all of the above claims against the Defendant to Hyundai Capital Co., Ltd., and notified the Defendant of the fact of transfer.

(2) The claims of this case were transferred to the Plaintiff in entirety when they refer to both the claims of this case and the claims of this case. The claims of this case were transferred to the Plaintiff, and the Plaintiff was delegated with the notification authority of the assignment of claims from the respective creditors of this case and notified the Defendant of the fact of the assignment of claims.

As of November 4, 2014, the claim in this case is the total of KRW 24,663,426 as of November 4, 2014; interest for delay is the total of KRW 15,541,068; and the principal and interest for each claim are as follows.

The base date: (a) Claim of KRW 6,416,960,960,869,937,829,829, 400,000, total of the principal and interest accrued on November 4, 2014; (b) Claim of KRW 12,288,60,600; (b) Claim of KRW 12,986,741,13,701; and (c) Claim of KRW 12,288,606,60; (b) Claim of KRW 15,276,252; and (c) Claim of KRW 957,869,969,937,829: 40,000:

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