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(영문) 서울중앙지방법원 2018.04.19 2017나80310
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant received credit cards from financial institutions or small loans from financial institutions as indicated below, and did not pay credit card payments or loans equivalent to each of the amounts listed below as of April 1, 2005.

(However, the date of subscription to credit card holders or the date of loan occurrence are as follows: us card: 6 February 2002; EL card: Sep. 18, 2001; Mo Capital: National Card on February 2002: January 22, 2002.)

B. Under the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, the EL card transferred each of the above claims against the Defendant to the Korea Asset Management Corporation on August 29, 2003, and Hyundai Capital, on April 30, 2003, and notified the Defendant of each of the above assignment of claims around that time.

C. The Korea Asset Management Corporation, our card, and national card transferred each of the above claims to the Plaintiff on May 13, 2005 pursuant to the Asset Transfer Agreement and Asset-Backed Securitization Act, and the Plaintiff notified the Defendant of the transfer of each of the above claims on June 16, 2005 in accordance with the above Act.

The plaintiff filed a lawsuit against the defendant as the final transferee of each of the above bonds with the Seoul Northern District Court 2006Gaso289991 and was sentenced on March 23, 2007 to "the defendant shall pay to the plaintiff 20,528,875 won and 12,820,656 won with 17% interest per annum from April 1, 2005 to the date of full payment." The judgment became final and conclusive on April 12, 2007.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7 (including branch numbers, if any) and the purport of whole pleadings

2. According to the above facts, the defendant is obligated to pay damages for delay at the rate of 17% per annum from April 1, 2005 to the date of full payment, to the plaintiff, who is the final transferee of the credit card of this case, with 20,528,875 won and 12,820,656 won among them.

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