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(영문) 서울중앙지방법원 2016.09.27 2014가단5325177
양수금
Text

1. The defendant shall pay to the plaintiff KRW 3,852,147 as well as KRW 1,826,848 among them, from November 14, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 24, 2005, the judgment of February 24, 2005 that "the defendant shall pay to the Gwangju Bank 2,094,419 won and 1,826,848 won among them with 28% interest per annum from July 3, 2004 to the date of full payment" was rendered in the lawsuit claiming the amount of credit card use by the Gwangju Bank 2,094,419 won.

(Seoul District Court 2004Kado Court, 5700). The above judgment was finalized on March 22, 2005.

On April 10, 2009, the Plaintiff received the claim for the above judgment from the Gwangju Bank, and notified the Defendant on December 2, 2009 upon delegation of the notification authority.

B. The Plaintiff’s scope of the claim for the amount of the assignee-payment shall apply the interest rate of 17% per annum, and the amount of the claim for the amount of the assignee-payment by November 13, 2014 is KRW 3,852,147 (=principal principal + KRW 1,826,848 + interest 2,025,299).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-1, 3-1, 8-2, and the purport of the whole pleadings

2. The claim of this case in order to prevent the completion of extinctive prescription as to the cause of the claim has interests in the lawsuit.

The Defendant is obligated to pay to the Plaintiff the amount of KRW 3,852,147 as well as KRW 1,826,848 as well as damages for delay calculated at the rate of 17% per annum under the agreement from November 14, 2014 to the date of full payment, which is the day following the date of the final payment of interest.

3. The defendant's assertion argues that the defendant's application for membership in the Mine Bank Credit Card Member (Evidence A4), which is a document that causes the above judgment amount claim, was forged, and the defendant did not enter into a credit card use contract with the Gwangju Bank, and thus, it is impossible to respond to the plaintiff's claim.

However, the res judicata cannot be denied as long as the prior final and conclusive judgment against the defendant of the Gwangju Bank is valid.

The defendant's argument is without merit.

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