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(영문) 대전지방법원 2015.04.24 2014나106524
양수금
Text

1. The part against the Defendants in the judgment of the court of first instance is revoked.

2. The Defendants are jointly and severally liable to the Plaintiff.

Reasons

1. In the first instance court, the Plaintiff asserted that the Defendants’ claims against each of the Defendants, such as foreign exchange credit card companies, EL branch credit companies (hereinafter “EL branch credit companies”), Defendant A, and Co-Defendant C of the first instance court, each of the claims against Defendant A of Seoul Guarantee Insurance Co., Ltd., and the claims against Defendant A of the first instance court against Defendant A and Co-Defendant C of the first instance court. The court of the first instance accepted the Plaintiff’s claims against the foreign exchange credit card companies, Seoul Guarantee Insurance Co., Ltd., and the National Credit Card Co-Defendant C of the first instance court. The claims against each of the claims that were taken over from the L branch credit card companies were all accepted, and dismissed.

Since only the plaintiff appealed against this, the subject of the judgment of this court is limited to the part of the claims that the plaintiff acquired from the ELN card.

2. Comprehensively taking account of the overall purport of the arguments in Gap's evidence Nos. 1 and 2, and evidence Nos. 6-1 through 4 as to the plaintiff's cause of action, the El branch card issued loans to defendant A at an interest rate of 19% per annum on April 14, 2003, interest rate of 28% per annum on overdue interest rate, due date of repayment on April 17, 2004, and joint and several debt obligations of the defendant Eul with respect to the EL branch card on the same day. The plaintiff acquired the above bonds from the EL branch card on May 13, 2005, notified the defendant A of the assignment of the above bonds pursuant to Article 7 (1) of the Asset-Backed Securitization Act, and received the above notification to the defendant A around that time, the agreement rate of late payment damages can be recognized as having been changed from April 14, 2005 to 17, 194, 2014 and 317.415

According to the above facts of recognition, the defendants are jointly and severally to the plaintiff who is the assignee of the above claim.

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