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(영문) 서울중앙지방법원 2017.12.14 2016가단5191958
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 54,083,401 as well as KRW 22,410,314 among them, from July 18, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 7, 2001, the Defendant was present as a credit card member of the Housing Bank (hereinafter “National Bank”), and used credit cards from the Housing Bank around that time.

In addition, the defendant entered into a loan transaction agreement with the National Bank on April 9, 2004 and borrowed 20 million won from the National Bank.

B. On August 17, 2006, the Defendant filed a lawsuit against the Defendant for the payment of the above credit card bills and loans, and the Defendant was awarded a favorable judgment on August 17, 2006 that “The Defendant shall pay to the National Bank 24,494,258 won and 18,951,401 won per annum 20.1% per annum from October 15, 2005 to the date of full payment of the credit card bills and loans from October 15, 2005 to the date of full payment.”

(Seoul Central District Court Decision 2006Kadan89358 delivered on August 17, 2006). The above judgment was finalized on September 9, 2006.

C. On April 10, 2009, the National Bank transferred the following claims, including the above judgment amount, to the Plaintiff (the Credit Counseling and Recovery Fund prior to the change).

On April 18, 2004, 18, 951, 951,4010 special bonds (Depreciation bonds) 3,458, 913,458, 913, 9130, 9130, 150 on April 18, 2004

D. On December 2, 2009, the Plaintiff was delegated with the power to notify the assignment of claims by a national bank and sent a notice of assignment of claims to the Defendant.

In addition, the plaintiff notified the defendant of the second assignment of the claim by serving the duplicate of the complaint of this case.

E. As above, as of July 18, 2016, the details of principal and interest are as follows:

(The overdue interest rate applied by the Plaintiff is 17% per annum). The amount of the loan balance of the loan (cost) plus the interest rate of the number of days calculated on the basis of the principal calculated on the basis of the total amount of the loan (cost) plus the total of 18,951,401,401 and 17% per annum from February 27, 2009 to July 17, 2016 to 6,088,138 overdue interest 23,809,5959.

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