logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.06.29 2011나37505
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. Basic facts

A. On July 1, 1996, the Defendant joined Samsung Card Co., Ltd. (hereinafter “Tsung Card”) as the credit card holder and borrowed KRW 7.27 million from Samsung Card.

(hereinafter referred to as "the claim of this case". (b)

The instant claim, Samsung Card, on December 20, 2005, was transferred to Korea’s Primary Asset-backed Company, and Korea’s Primary Asset-backed Company, on April 30, 2008, to the Plaintiff, and the Plaintiff transferred to the Plaintiff’s Intervenor on May 6, 201, respectively. The fact of assignment of claims was notified to the Defendant at the time of the said assignment of claims.

C. As of December 1, 2010, the instant claim remains in total of KRW 7,960,082, including the accrued principal, interest, etc., KRW 7,740,842, and KRW 15,70,924, and the overdue interest rate applied by the Intervenor succeeding to the Plaintiff is 18% per annum.

[Ground of recognition] Facts without dispute, entry of Gap or evidence of subparagraphs 1 through 9, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay 15,700,924 won to the Intervenor succeeding to the Plaintiff, who is the transferee of the instant claim, and 7,740,842 won, including the principal and interest of the loan unpaid, and 18% interest rate per annum, which is the agreed interest rate from December 2, 2010 to the date of full payment.

B. The defendant's assertion is that the defendant applied for credit recovery to the Credit Counseling and Recovery Commission on March 14, 2007, and the Credit Counseling and Recovery Commission paid a total of 34 times from July 27, 2007 to January 26, 201, the defendant claimed that he/she repaid a total of 34 times the amount adjusted from July 27, 2007 to January 26, 201. Thus, according to the evidence Nos. 1 and 2, according to the content of the Credit Counseling and Recovery Commission's debt settlement, the amount of Samsung Card transferred to Solomon Mutual Savings Bank on May 3, 2006 includes a claim against the defendant with the total of 594,987 won, but in light of the facts acknowledged earlier and the evidence Nos. 6-1, 2, 7-1, 7-2, 7-2, each of the above statements.

arrow