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(영문) 울산지방법원 2017.06.08 2017가단55017
양수금
Text

1. The defendant's KRW 31,404,843 and its amount to the plaintiff shall be 17% per annum from October 25, 2003 to May 29, 2007, and 30 May 30, 2007.

Reasons

1. Facts of recognition;

A. The Defendant subscribed to the Samsung Card’s credit card holders on June 17, 199, and was granted loans from the National Bank on September 26, 2002.

B. The Defendant failed to pay 15,33,360 won for Samsung Card and 16,071,483 won for National Bank loans, respectively.

On October 24, 2003, financial institutions with the above bonds transferred the above bonds upon entering into an asset transfer contract with ELD Investment Securities Co., Ltd., and ELD Investment Securities Co., Ltd. transferred the above bonds to the Plaintiff on the same day.

C. The Plaintiff applied for a payment order (Seoul District Court Decision 2007Da11793) for the payment of the acquired bonds as above. On May 15, 2007, the Plaintiff issued a payment order stating that “The Defendant shall pay to the Plaintiff the amount of KRW 31,404,843 and the amount calculated by the ratio of 17% per annum from October 25, 2003 to the service date of the payment order, and 20% per annum from the next day to the day of complete payment (hereinafter “instant payment order”).”

On May 29, 2007, the Defendant was served with the instant payment order and did not object thereto, and the instant payment order became final and conclusive on June 13, 2007.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 31,404,843 above and the damages for delay calculated at the annual rate of 15% per annum by the Plaintiff within the scope prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from May 29, 2007, when the original copy of the instant payment order was served on the Defendant from October 25, 2003 to May 29, 2007, and from May 30, 2007 to September 30, 2015.

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