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(영문) 울산지방법원 2016.05.24 2014가단62977
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 176,250,672 and the amount of KRW 61,456,694 from July 16, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 30, 2012, the Plaintiff acquired the claim for each loan of KRW 8,00,000 and the principal of KRW 1,916,535 against the Defendant from Hyundai Capital Co., Ltd., and notified the Defendant of the transfer of each of the above claims upon delegation of the notification authority from Hyundai Capital Co., Ltd. on February 26, 2013, and thereafter the notification was issued to the Defendant at that time.

B. On June 21, 2013, the Plaintiff: (a) issued a credit card payment claim of KRW 17,560,169 against the Defendant; (b) a credit card payment claim of KRW 2,519,134 against the Defendant from Korea Card Co., Ltd.; (c) a credit card payment claim of KRW 5,329,843 against the Defendant; (d) a principal amount of KRW 4,98,888 against the Defendant; (c) a principal amount of KRW 430,891; (d) a principal amount of KRW 939,060; (d) a principal amount of KRW 2,823,108; (e) a principal amount of KRW 3,81,91; and (e) a credit card payment claim of KRW 1,860,90; and (e) a credit card payment claim of KRW 5,707,700 from Korea Life Insurance Co., Ltd.; and (e) notified the Defendant of each of the above credit card payment claim.

C. As of July 15, 2014, the sum of principal and interest of each of the above acquired bonds is KRW 176,250,672, and the delayed interest rate between the above creditor financial institutions and the Defendant is at least 17% per annum.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 8 (including each number), the KB National Card Co., Ltd. of this Court, the result of each order to submit financial transaction information to the Industrial Bank of Korea, the purport of the entire pleadings

2. According to the above facts of determination, the Defendant’s agreement with respect to KRW 176,250,672, total sum of principal and interest of each of the above-paid claims, and KRW 61,456,694, which is the sum of principal and interest, to the Plaintiff within the scope of the agreed rate from July 16, 2014 to the day of complete payment, which is the day following the base date of calculation of principal and interest.

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