(영문) 서울중앙지방법원 2017.07.26 2016나66331

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(영문) 서울중앙지방법원 2017.07.26 2016나66331

양수금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. A foreign exchange credit card company entered into a credit card membership agreement with the defendant on September 4, 200 and issued a credit card to the defendant around that time.

B. As of August 19, 2003, the Defendant delayed payment of the price and the obligation for loans arising from the use of the above credit card (hereinafter “the instant obligation”), and the corresponding obligation amounted to KRW 6,389,863 as of August 19, 200.

C. On September 26, 2003, foreign exchange credit card companies transferred the instant bonds to a mutual savings bank promoting mutual savings on December 2, 2003, and notified the Defendant of the assignment of the bonds and delivered the notification to the Defendant at that time.

In addition, on June 15, 201, the Promotion Savings Bank Co., Ltd. (the “Promotion Savings Bank Co., Ltd. prior to the change”) transferred the instant bonds to Co., Ltd., Co., Ltd., and notified the Defendant of the assignment of claims on November 22, 201 and delivered the notification to the Defendant around that time.

After that, on September 7, 2012, Co., Ltd. transferred the instant claim to mentoron Loan Co., Ltd., and on November 12, 2014, mentoron Loan Co., Ltd. transferred the instant claim to the Plaintiff. On December 16, 2014, Co., Ltd. Co., Ltd. and mentoron Loan Co., Ltd. notified the Defendant of the fact that the instant claim was transferred to the Plaintiff via mentoron Loan Co., Ltd., Ltd. and mentoron Loan Co., Ltd. and mentoron Loan Co., Ltd., Ltd. and the notification was delivered to the Defendant around that time.

Around October 29, 2015, the balance of principal and interest of the instant claim is KRW 24,919,389,863, interest of KRW 18,529,526, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant, unless there are special circumstances, shall totaling the principal and interest of the debt of this case to the plaintiff as the transferee of the claim.

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