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(영문) 서울중앙지방법원 2018.11.29 2018가단5171491
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 116,938,473 and KRW 45,140,419 from June 16, 2018 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant, upon entering into a credit card contract with Hyundai Card Co., Ltd. and obtaining a credit card, failed to repay the principal amount of KRW 14,073,234, etc.

(2) On January 27, 2006, Hyundai Card Co., Ltd. transferred the claim No. 1 to Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) and notified the Defendant of the assignment of the claim around that time.

B. On May 16, 2008, Hyundai Capital lent the amount of KRW 9 million to the Defendant at 26.9% per annum and 36 months per annum.

From June 25, 2008, the Defendant lost the benefit of August 25, 2008 due to delay in paying the principal and interest, and accordingly, the Defendant left the said principal and interest and the damages for delay, etc. (hereinafter “second claim”).

C. The Defendant concluded a credit card contract with Samsung Card Co., Ltd. (hereinafter “Tsung Card”) and received a credit card and used it, but failed to fully pay the principal amount of KRW 22,067,185, etc.

(hereinafter referred to as the above principal and the damages for delay shall be referred to as “third claim”).

On July 1, 2010, Hyundai Capital Capital transferred to the Plaintiff the claim Nos. 1 and 2 against the Defendant. On December 3, 2010, the Plaintiff was delegated with the authority to notify the assignment of claims from Hyundai Capital Capital, and the Plaintiff notified the Defendant of the assignment of claims.

In addition, Samsung Card transferred to the Plaintiff the third claim against the Defendant on June 28, 2013, and the Defendant delegated the right to notify the assignment of claim from Samsung Card and notified the Defendant of the assignment of claim on June 23, 2014.

E. Meanwhile, on June 15, 2018, the principal and damages for delay of claims Nos. 1, 2, and 3 as of June 15, 2018 are as follows:

【Fact-finding without a dispute over the grounds for recognition, entry of evidence Nos. 1 through 6, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the above facts of determination as to the cause of the claim, the defendant is the principal of each of the above claims to the plaintiff, unless there are special circumstances.

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