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(영문) 인천지방법원 2019.04.05 2018나4468
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. Facts of recognition;

A. On April 19, 200, the Defendant concluded a credit card membership agreement with C Co., Ltd. and obtained a credit card around that time, but failed to pay KRW 3,98,858 of the credit card usage amount. ② A around May 29, 200, the Defendant concluded a credit card membership agreement with D Co., Ltd. and obtained a credit card around that time, but failed to pay KRW 3,113,081 of the credit card usage amount. ③ Around March 26, 2002, the Defendant concluded a credit card membership agreement with E Co., Ltd. and obtained a credit card around that time, but failed to pay KRW 2,562,717 of the credit card usage amount.

④ In addition, the Defendant entered into an installment financing agreement with FF Co., Ltd. on July 6, 200 to pay 4,970,000 won for the goods in equal installments of KRW 192,380 per month on a 36-month basis. From August 7, 2000, the Defendant paid the installment from August 7, 200, but lost the benefit of time due to the failure to pay the installment, and the interest and interest on the remaining portion of payment shall be KRW 5,369,329,329.

(hereinafter referred to as "each claim shall be expressed in number).

C Co., Ltd., D, E, and F Co., Ltd. entered into an asset transfer agreement with G Co., Ltd. on October 24, 2003, and transferred all of the claims to the Defendant to G Co., Ltd., and G Co., Ltd transferred the above acquired claims to the Plaintiff on the same day.

(hereinafter “transfer of claims of this case”). C.

G Co., Ltd and the Plaintiff delegated the authority of notification of transfer by each transferor of claims to the Defendant on December 18, 2003, sent the assignment of claims to the Defendant by means of content-certified mail.

As of October 24, 2003, the date of transferring the instant credit card assignment, the overdue interest rate applied by the Plaintiff within the scope prescribed by the said credit card member agreement and the installment financing agreement is 17% per annum.

[Ground of recognition] A without dispute, each entry of Gap evidence Nos. 1 through 9 (including virtual numbers), and each order to submit financial transaction information to H to the corporation;

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