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(영문) 서울중앙지방법원 2018.04.27 2017나71101
양수금
Text

1. Of the judgment of the court of first instance, the Plaintiff’s KRW 15,531,517 and KRW 3,49,140 among the aforementioned KRW 3,49,140 from April 22, 2017.

Reasons

1. Facts of recognition;

A. A. Around July 21, 2001, the Defendant subscribed as a credit card member to the Choungung Bank Co., Ltd. (hereinafter “Mediation Bank”) and was used with a credit card around that time, delayed payment of the amount of use.

B. On October 31, 2002, the Choung Bank notified the Defendant of the transfer of the credit card payment claim against the Defendant to a mutual savings bank promoting the foregoing credit card payment claim (hereinafter “promotion mutual savings bank”). On June 15, 201, the promotion mutual savings bank again notified the Defendant of the transfer of the credit card payment claim to the Plaintiff on June 15, 201 (hereinafter “the instant credit card payment claim”), and notified the Defendant of the transfer by content-certified mail on July 21, 201.

C. As of October 10, 2016, the instant claim for the amount of the transferred money remains the principal of KRW 3,499,140, interest and delay damages, KRW 12,032,377, and KRW 15,531,517, and the overdue interest rate is 19.5% per annum.

[Grounds for recognition] Gap 1 to 3 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the above KRW 15,531,517, and the principal amount of KRW 3,49,140, to the Plaintiff who acquired the claim of this case in succession from the payment bank, except in extenuating circumstances.

B. (1) The Defendant asserted that the claim for the instant payment order was extinguished after the lapse of five years, and in full view of the overall purport of the entries and arguments in the evidence No. 1 through 5 (including paper numbers), No. 1 through No. 4, the Defendant may acknowledge the fact that the Defendant used the said credit card and did not pay the price thereof on July 21, 2001, and the fact that the Plaintiff applied for the instant payment order on October 18, 201, which was five years after the lapse of five years from the expiration of the commercial period, is obvious in the record.

(2) However, according to the above evidence, the promotion mutual savings bank is above the defendant.

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