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(영문) 서울동부지방법원 2018.11.09 2017나27688
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Facts of recognition;

A. In the event of credit card usage-price claim and loan claim, the Defendant entered into a credit card use contract with Samsung Card Co., Ltd. (hereinafter “Tsung Card”), around 1999, and used Samsung Card. Around July 31, 2003, the Defendant entered into a credit card loan agreement with KRW 11,30,000 per annum and KRW 23.2% per annum, and the overdue interest rate of KRW 28% per annum, and around that time, the Defendant jointly and severally guaranteed the Defendant’s credit card loan loan obligation.

(2) The credit card holders’ credit card holders’ credit cards and credit card holders’ credit cards and credit card holders’ credit cards and credit card holders’ credit cards and credit card holders’ credit cards and credit card holders’ credit card holders’ credit cards and credit card holders’ credit card holders

The Samsung Card’s transfer of the instant claim is a contract for the transfer of the instant claim from the former creditor to the latter while maintaining the identity of the claim between the former creditor, and the former creditor and the new creditor, in full view of the purport of the oral argument in the statement in subparagraph 1, it is acknowledged that there exists an agreement between the above two companies to maintain the identity of the instant claim and transfer the instant claim to the latter on March 28, 2014, and the ENC C&C C&E company to the EM investment securities company on April 29, 2013, and the ENE C&C Asset Management Company to the Plaintiff on October 8, 2015.

At the time of each credit transfer contract, each credit transferor has delegated his/her authority to notify the assignment of claims to each credit transferee.

On December 22, 2015, the Plaintiff sent the notice of assignment of claims to the Defendant by content-certified mail on behalf of the said transferor, and the Defendant’s parents received the notice of assignment of claims to the instant claim on or before December 31, 2015.

(c) procedures for credit recovery;

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