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(영문) 수원지방법원 2016.12.22 2016가단533722
양수금
Text

1. The defendant shall pay to the plaintiff KRW 24,239,929 as well as 17% per annum from October 25, 2003 to May 26, 2006 and May 26, 2006.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The Defendant subscribed to the credit card holders of the bank on July 6, 200 as the credit card holders of the bank, as the credit card holders of the national card on December 11, 2000, as the Samsung card holders of the Samsung card on July 21, 200, as the credit card holders of the Samsung card on October 4, 200, as the credit card holders of the LG card on October 4, 200. The Defendant failed to pay KRW 1,769,035, the national credit card price of the bank, KRW 10,240,000, and KRW 4,538,178.

On October 24, 2003, financial institutions with the above bonds transferred the above bonds upon entering into an asset transfer contract with LG Investment Securities Co., Ltd., and LG Investment Securities Co., Ltd. transferred the above bonds to the Plaintiff on the same day.

3) The Plaintiff’s payment order (U.S. District Court No. 2006 tea2147, hereinafter “instant payment order”) seeking the payment of the bonds that were acquired as above.

B. On February 14, 2006, the Defendant filed an application with the Plaintiff for a credit card payment of KRW 24,65,079 plus KRW 24,239,92,716 + KRW 1,769,035 Won 10,240,000 KRW 4,538,178, while the Defendant filed a claim with the Plaintiff for a provisional payment of KRW 348,550 and KRW 66,600 for LG cards.

In this lawsuit, the Plaintiff claimed the money except the above provisional payment.

On October 25, 2003, the payment order was decided to pay 17% per annum to the service date of the payment order, and 20% per annum from the next day to the day of full payment.

On May 26, 2006, the above payment order became final and conclusive on June 10, 2006 because the defendant was served with the above payment order and did not raise any objection thereto.

B. According to the above findings of determination, the Defendant: (a) from October 25, 2003 to October 26, 2006, 17% per annum until May 26, 2006, and 20% per annum from May 27, 2006 to September 30, 2015, as the Plaintiff seeks, from May 30, 2015 to September 30, 2015, and from October 1, 2015 to the Plaintiff.

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