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(영문) 서울중앙지방법원 2019.10.11 2018가단5230314
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 195,142,746 and KRW 75,566,491 among them, from September 13, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On December 1987, the Defendant issued three credit cards from each Co., Ltd. (hereinafter “C”) on February 7, 1994, and paid part of the card price to C. On December 10, 2009, the Defendant transferred the credit amount of KRW 10,758,616 (i.e., KRW 750,03 KRW 2 credit amount of KRW 8,586,390, KRW 31,422,23) and interest, etc.

C delegated the power to notify the above assignment of claims to the Plaintiff, and on May 4, 2010, the Plaintiff notified the Defendant of the assignment of claims by content-certified mail.

B. The Defendant received the loan with interest of KRW 290,00,00 from D Co., Ltd. (hereinafter “D”) on February 1, 2008 within three years from the date of the loan, KRW 8.99% within three years from the date of loan, KRW 10.19% within five years from the date of loan, KRW 3 to KRW 5 years from the date of loan, KRW 1.95% exceeding five years from the date of loan, KRW 1.95% per annum for delay, KRW 18% per annum, the loan period of KRW 20 years, and three years

On February 11, 2008, the Defendant completed on February 11, 2008, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the land F apartment G, non-party E, non-party E, which is one of his own possession, with the maximum debt amount of D 326,40,000,000 won, and the debtor, the Defendant, and the mortgagee D.

D On November 30, 2012, the Plaintiff transferred claims, such as the loan balance of KRW 53,553,395 and interest, to the Plaintiff. D delegated the Plaintiff with the authority to notify the assignment of claims. On February 26, 2013, the Plaintiff notified the Defendant of the assignment of claims by content-certified mail.

C. On September 8, 2001, the Defendant issued a credit card from H Co., Ltd. (hereinafter “H”) and paid part of the card price to H. The Defendant transferred the credit card price to the Plaintiff on June 28, 2013, the amount of the unpaid card price of KRW 11,254,480, interest, etc.

H delegated the power to notify the Plaintiff of the assignment of the above assignment, and the Plaintiff notified the Defendant of the assignment of the assignment by content-certified mail on June 23, 2014.

September 12, 2018

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