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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The decision of the court of first instance is in accordance with paragraph 1.
Reasons
1. Basic facts
A. The Defendant applied for credit card membership to a foreign exchange credit card company (hereinafter “foreign exchange credit card”), and obtained a credit card from the above company, and delayed payment of the credit card price from December 24, 1993, and the use of the credit card was terminated on October 10, 1996.
The credit card price in arrears paid by the Defendant from December 24, 1993 to October 10, 1996 is the sum of 7,497,660 won.
(hereinafter referred to as the “instant card payment claim”)
B. The foreign exchange credit card was sentenced to the above court on October 19, 1995 that "the defendant shall pay to the foreign exchange credit card 8,983,881 won and 7,497,660 won with 23% interest per annum from March 15, 1995 to the day of complete payment," and this judgment became final and conclusive around that time.
(hereinafter referred to as the “final judgment of this case”)
On March 7, 2003, the foreign exchange credit card transferred the instant credit card payment claim to a limited liability company specializing in the Asset Exchange Card No. 3 securitization, and notified the Defendant of the assignment of the claim on April 24, 2003, and on March 12, 2004, the limited liability company specializing in the Asset Exchange Card No. 3 securitization transferred it to Busan Mutual Savings Bank (hereinafter “U.S. Savings Bank”), and notified the Defendant of the assignment of claim on May 31, 2004.
Busan Mutual Savings Bank filed a lawsuit against the defendant on the credit card payment claim of this case that the above bank received as Seoul Western District Court 2005Gada174074, and the above court on September 5, 2005 stated that "the defendant shall pay to Busan Mutual Savings Bank 7,497,660 won with 20% interest per annum from the day following the delivery date of a copy of the complaint of this case to the day of complete payment."