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(영문) 서울중앙지방법원 2019.05.29 2018나37788
양수금
Text

1. Each of the appeals filed by the plaintiff and the plaintiff succeeding intervenor is dismissed.

2. The costs of appeal between the Plaintiff and the Defendant are the Plaintiff.

Reasons

1. Basic facts

A. On October 29, 1997, the Defendant applied for membership as a bank credit card member of C Bank (hereinafter “C Bank”) on the credit card, and received the credit card on October 24, 200, and did not pay the user fee in accordance with the terms and conditions of use of the bank credit card, the Defendant lost the benefit of time, and agreed that the compensation rate for delay for the user of the credit card would be 25% per annum.

B. After that, on March 12, 2008, the Defendant did not pay credit card bills monthly, and on March 12, 2008, on the part of D Co., Ltd. (hereinafter “Nonindicted Bank”), the Defendant had a debt of KRW 39,406,207, totaling KRW 8,406,312,91, such as the unpaid credit card usage principal, 17,761,307, 13,145,47, and overdue interest.

C. Accordingly, the non-party bank filed a lawsuit against the defendant on April 17, 2008 against the non-party bank and the defendant on April 17, 2008, the Busan District Court rendered a decision of performance recommendation (hereinafter the "decision of performance recommendation of this case") to "the non-party bank shall pay to the non-party bank 39,312,991 won and 17,761,307 won a year of 25% a year from March 13, 2008 to the date of full payment." The non-party bank received the decision of performance recommendation of this case on May 25, 2008. The decision of performance recommendation of this case was finalized on June 10, 2008.

On April 10, 2009, the non-party bank transferred the credit card-price claim (17,761,307 won on November 27, 2003, interest 13,145,47 won on the initial loan and loan amount, interest 13,477 won on December 2, 2009, to the defendant of the non-party bank in accordance with the decision on performance recommendation of this case (the registration was completed on March 28, 2013, changing the trade name to the plaintiff on March 26, 2013) to the non-party bank, and notified the defendant of the assignment of the credit by mail with the authority to notify the non-party bank of the assignment of the assignment as a content certification.

E. The amount of the instant claim against the Plaintiff against the Defendant = KRW 17,761,307 as of January 17, 2018, and KRW 39,617,610 as of attempted interest = from the Nonparty bank.

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