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(영문) 인천지방법원 2015.04.14 2014나54861
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 80,104,968 and KRW 32,282,776 among the Plaintiff and the Plaintiff’s KRW 7 March 7, 2014.

Reasons

1. Facts of recognition;

A. (i) On September 22, 2003, the Defendant entered into an agreement with Samsung Card Co., Ltd. on the card loan and delayed repayment.

Samsung Card Co., Ltd. received a payment order against the defendant for the payment of loans to the Busan District Court Branch of the Incheon District Court on August 23, 2004, and on November 24, 2004, the above court issued a payment order with respect to Samsung Card Co., Ltd. with respect to KRW 7,640,790 and KRW 7,568,609, an amount calculated by the rate of 29.9% per annum from July 3, 2004 to the date of full payment, and KRW 41,900 per annum for demand procedure. The above payment order was served on the defendant on November 9, 2004 and became final and conclusive on November 24, 2004.

C. On December 20, 2005, Samsung Card Co., Ltd. transferred the loan claims against the Defendant to Solomon Mutual Savings Bank, and Samsung Card Co., Ltd notified the Defendant of the above assignment of claims on February 6, 2006.

On June 11, 2010, the Plaintiff acquired the above loan claims from Solomon Mutual Savings Bank, delegated the authority to notify the assignment of claims by Solomon Mutual Savings Bank, and notified the Defendant of the above transfer on May 30, 2014.

• The loan claims amounting to KRW 7,568,609, interest and delay damages amounting to KRW 5,053,558, the total amount of KRW 12,622,167, and the interest and delay damages amounting to KRW 17% per annum between Samsung Card Co., Ltd. and Samsung Card Co., Ltd.

B. (1) around May 200, the Defendant entered into a credit card subscription agreement with the EL branch card Co., Ltd. (hereinafter “new card”) and did not pay the credit card price while being used with the credit card.

New Card No. 2004 Ghana70914 against the defendant.

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