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(영문) 부산지방법원 동부지원 2018.10.25 2018가단213875
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 118,40,689 as well as KRW 31,690,55 from July 11, 2018 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant did not pay the principal and interest of the financial institutions in arrears after entering into a contract corresponding to each of the following items. The principal and interest accrued as of July 9, 2018 are as listed below.

KB card 2,403,738,787,7683 KB credit card 16 2,403,95,954,101,854,101,852,740,7402,740 2,105,0525,0525 Samsung Card No. 16, 16,322,461,82525, 2025 Samsung Card No. 2,405,9636,458,468,405,405, 1,005,000,00525,000 1,08,08,000,000,000,000,000,000,000,006,006,06,06,05,06,1968,75,06,1968,205,7

B. A. A. A. A. A. a limited liability company specializing in desired mother-backed securitization (hereinafter “non-party company”).

After receiving each of the above claims from each of the financial institutions mentioned in the table, the court notified the defendant of the assignment of the above claim in accordance with Article 7 (1) of the Asset-Backed Securitization Act.

C. After that, on January 26, 2018, the Plaintiff transferred each of the above claims from the non-party company, and was delegated with the authority to notify the assignment of claims from the non-party company, and notified the Defendant of the above assignment of claims at that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum, which is the agreed delay rate, to the Plaintiff, the final transferee of each of the above claims (i.e., the principal amount of KRW 31,690,55 won up to July 9, 2018) and the principal amount of KRW 31,690,555 won up to July 9, 2018, which is the day following the base date for calculating the above overdue interest.

B. The defendant can not respond to the plaintiff's request because he applied for exemption from individual bankruptcy to the court.

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