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(영문) 대구지방법원 2018.08.16 2016가단131776
양수금
Text

1. The defendant shall pay to the plaintiff KRW 26,424,823 and KRW 11,376,176 among them from October 31, 2006 to the day of full payment.

Reasons

1. The following facts are acknowledged in full view of each of the statements in Gap evidence Nos. 1 and 6 (Additional No. 6 omitted) and the purport of the entire pleadings.

A. 1) On November 3, 2000, the Defendant is the EL branch card Co., Ltd. (hereinafter “EL branch card”) around November 3, 200.

(2) On April 30, 2003, the amount of debt incurred from the credit card loan as of April 30, 2003, the amount of principal 1,814,776, interest 9,697, interest 9,697, and the amount of debt incurred from the use of the card is the principal amount of KRW 9,561,40 (= KRW 85,000, KRW 3,476,400, KRW 6,000), interest 403,857 (= KRW 172,917, KRW 230,940), interest 403,857). The rate of delay damages is 25% per annum.

B. 1) On October 23, 2001, the Defendant applied for the issuance of the dial loan card, which is the exclusive loan card of Hyundai Capital Capital Co., Ltd. (hereinafter “Modial Capital”) and received the relevant card. The Defendant borrowed KRW 2,00,000 as household loans on November 12, 2001 using the said card. (2) On January 30, 2003, the balance of the above loan as of January 30, 2003 is the principal amount of KRW 2,00,000, KRW 639,219, and the delay damages rate of KRW 29% per annum.

C. The El branch card is against the defendant himself.

Around June 5, 2003, the claim under this paragraph was transferred to the Plaintiff, and notified the transfer at that time.

Modern Capital is against his own defendant.

Around March 31, 2003, the claim under this paragraph was transferred to the Plaintiff, and notified the transfer at that time.

E. 1) The Plaintiff applied for a payment order with the Daegu District Court Decision 2006Da26824 on November 27, 2006 with respect to the above claim that was acquired, and the original copy was served on the Defendant on November 27, 2006, and it was finalized on December 12, 2006 as it was without filing an objection by the Defendant. 2) The amount ordered to be paid from the above payment order as to the amount of KRW 26,424,823 and KRW 11,376,176 among the amount, KRW 25% per annum from October 31, 2006 to the date of complete payment to the date of complete payment.

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