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(영문) 서울중앙지방법원 2018.07.12 2017나72371
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

1. Facts of recognition;

A. On April 21, 200, the Defendant filed a credit card member application with the Peace Bank Co., Ltd. (hereinafter “Korea Light Bank”) on April 21, 200, for a credit card member registration, and obtained a credit card at that time, and did not pay the card price of KRW 2,575,105 and interest thereon.

B. On December 31, 2001, Korea Light Bank transferred the instant credit card payment claim to the Korea Financial System Specialized in Asset-backed Securitization, and on February 14, 2003, to the Defendant, the Korea Financial System Specialized in Asset-Backed Mutual Savings Bank (hereinafter “Promotion Mutual Savings Bank”), and notified the Defendant of each of the above assignment of credit at that time.

B. The promotion mutual savings bank filed a lawsuit against the defendant as Seoul Central District Court 2005Gada1791590 to seek payment of the instant card price, and on August 30, 2005, "the defendant shall pay to the plaintiff (the promotion mutual savings bank) 5,618,146 won and 2,575,105 won among them at the rate of 28% per annum from February 2, 2005 to the date of full payment." The promotion mutual savings bank was delivered to the defendant on September 2, 2005, and the execution recommendation decision became final and conclusive on September 17, 2005.

C. On June 15, 2011, the Promotion Mutual Savings Bank transferred the instant card payment claim for which the said decision on performance recommendation was finalized to the Plaintiff, and notified the Defendant of the assignment of the said claim on July 20, 201.

As of March 27, 2015, the principal and interest of credit card payment claim of this case is KRW 9,779,704, and among them, the principal and interest are KRW 2,521,825.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 4 (including branch numbers, if there is a ground for recognition) and the purport of whole pleadings

2. According to the facts of the above recognition, the defendant, as the final transferee of the credit card payment claim of this case, against the plaintiff, the principal and interest of KRW 9,779,704 and principal principal of KRW 2,521,825, the following day after the delivery of the original copy of the payment order of this case, as requested by the plaintiff.

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