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(영문) 서울중앙지방법원 2016.10.19 2016가단5164932
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 98,377,130 and KRW 24,153,654 from July 26, 2016 to the day of full payment.

Reasons

Facts of recognition

The defendant entered into a credit card transaction agreement with the National Bank Co., Ltd., and used the credit card, but failed to pay the amount.

On January 14, 2002, the Defendant borrowed KRW 15 million from the National Bank of Korea Co., Ltd.

The National Bank's above credit card use-price claim and loan claim were transferred before and notified to the defendant as follows:

A contract for the acquisition of assets (transfer: A national bank, a transferee: a promotion mutual savings bank, a limited liability company, and a limited liability company: a limited liability company) on November 30, 201, which entered into a contract for the acquisition of assets on July 22, 2013 (a transfer: a limited liability company: a limited liability partnership loan, a transferee: a limited liability company: a limited liability company; a limited liability company: a limited liability company) on April 23, 2015, which entered into an asset acquisition agreement on April 23, 2015 (a transfer mutual savings bank: a transfer mutual savings bank; the plaintiff) on the credit card price claim, and a loan claim on June 17, 2016 are as follows:

BD E (based on recognition), each entry of Gap evidence Nos. 1 through 4, and the reasoning of the entire pleadings, barring any special circumstance, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum as stipulated by the Mad-based Promotion Act, which is the day following the delivery of a copy of the complaint of this case, to the day of full payment, as to the plaintiff's total amount of principal and interest of each of the above claims of KRW 98,37,130 and the total principal amount of KRW 24,153,654, unless there are special circumstances.

The defendant's assertion is argued to the purport that "the court allowed bankruptcy in accordance with the examination of the Credit Counseling and Recovery Commission," and there is no evidence as to the fact that the defendant received bankruptcy and immunity despite the court's order to prepare the seat.

Therefore, the defendant's argument cannot be accepted.

For this reason, the plaintiff's claim is accepted.

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