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(영문) 부산지방법원 2015.05.13 2014나45666
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 7,091,769 and KRW 4,043,06 among the Plaintiff’s KRW 7,09,769 and the Plaintiff’s KRW 10,00.

Reasons

1. Facts of recognition;

A. Under the table, each company mentioned “transfer agency name” (hereinafter “each transferor company of this case”) had the principal, interest, and damages for delay as stated “loan balance” as stated in the table below against the Defendant (hereinafter “each claim of this case”).

The same shall apply to the omission of the indication of Samsung Card Co., Ltd. on the remainder of the loan on the date of notification of the transfer of the transfer date of the title of transfer institution.

Table of credit card April 16, 2003: The national card of December 1, 2009, 591, 572, 2, 309, 753 National Credit Card on April 10, 2009, which was July 23, 2013, June 23, 2014; 451, 451, 4347, 739,010 in total, 4,043,06 3,048,763: The credit of this case (unit) as of February 9, 2014.

B. The Plaintiff entered into a contract for acquisition by transfer of each of the claims of this case as of the date indicated in the table "the date of transfer of claim" with each of the assigned companies of this case, and the Plaintiff stated that the Defendant was entrusted with the authority to notify the transfer of each of the claims of this case by each of the assigned companies of this case on the date indicated in the "date of notice of transfer" and notified

February 9, 2014 includes the principal and interest delay damages as of February 9, 2014.

(hereinafter the same shall apply)

A claim is identical to each other’s statement, “the balance of the loan” and “the interest accrued thereon,” and the overdue interest rate applicable to each of the above claims is 17% per annum.

[Ground of recognition] Each entry (including paper numbers) in Gap evidence 1 to 6

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, the transferee of each of the instant claims of this case, the total amount of KRW 7,091,769 (i.e., the principal amount of KRW 4,043,006 and KRW 3,048,763) and the principal amount of KRW 4,043,00,000, whichever is the interest rate of KRW 17% per annum from February 10, 2014 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance, which concluded otherwise, is unfair, and thus, the plaintiff's appeal is dismissed.

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