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(영문) 서울동부지방법원 2017.11.24 2017나1716
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

Basic Facts

On November 24, 2001, the Defendant concluded a installment financing contract with the interest rate of KRW 2,900,000 per annum 21% per annum, delay damages rate of KRW 29% per annum, and the loan period of KRW 24 months.

On May 13, 2005, the Defendant transferred the above loan claims to the Plaintiff and notified the Defendant of the purport of transferring the said loan claims.

At the time, the principal of the loan obligation was KRW 2,284,03.

On November 27, 2001, the Defendant entered into a credit card member subscription contract with ELD Card Co., Ltd. and received credit cards, and received credit card loans on February 5, 2002.

On June 30, 2003, the Defendant did not repay the above credit card payment obligation, and the EL Card Co., Ltd transferred the above credit card payment claim against the Defendant to the Korea Asset Management Corporation, and notified the Defendant of the purport of transferring the credit card payment.

At the time, the principal of credit card payment obligation was 2,491,550 won.

On May 13, 2005, the Korea Asset Management Corporation transferred the above bonds to the Plaintiff, and notified the Defendant of the purport of transferring the bonds.

As of December 31, 2006, the principal of credit card payment obligation is KRW 2,491,550 for principal of the credit card payment obligation, KRW 2,284,03 for principal of the loan obligation, and KRW 4,367,64 for interest up to the time of the above obligation.

[Based on the facts that there is no dispute, Gap 1 through 4, and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 17% per annum from January 1, 2007, which is the day following the last day of the calculation of interest, to the day of full payment of the principal and interest of credit card loans of KRW 9,143,227 (i.e., principal of credit card payments of KRW 2,284,03,03 principal and interest of principal of loans of KRW 2,284,367,64), and the principal and interest of KRW 4,75,583.

The defendant asserts that the extinctive prescription of each of the above claims has expired.

On February 5, 2002, where a credit card-based payment obligation has been incurred, and five years have elapsed from November 23, 2003, where the due date for the repayment of the loan obligation became due.

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