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(영문) 서울중앙지방법원 2015.03.27 2014가합559095
양수금
Text

1. The defendant shall pay to the plaintiff KRW 645,43,374 and KRW 291,936,976 among them, from November 26, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On November 6, 2002, when entering into a credit card use contract with the Defendant, the Nonparty Han Bank Co., Ltd. (hereinafter “one bank”) agreed to pay in addition to the delay interest rate as set forth in the Han Bank if the Defendant delays the repayment of the amount.

On November 21, 2003, Han Bank entered into a credit transaction agreement with the defendant with the following terms and implemented the loan in accordance with the agreement on the same day.

Credit subjects: 30 million won credit period expiration: Interest rate on November 21, 2006: 19% (17% per annum if the delay period is less than three months, and 19% per annum if the delay period is more than three months).

B. On April 12, 2007, the Han Bank transferred each of the above claims (including the accrued interest or damages for delay; hereinafter “instant claim”) to the non-party 1 corporation (hereinafter “the non-party 1 company”). On May 23, 2007, the Han Bank concluded an asset transfer agreement with the effect that the Han Bank, the first company, and the non-party 1 limited company specializing in the error of the EFA (hereinafter “the non-party 2 company”) would re-transfer the instant claim acquired by the No. 1 company to the second company.

On September 3, 2009, the second company transferred the instant claim for the transfer money to the non-party Saturdays Mutual Savings Bank (hereinafter “third company”). On April 22, 2010, the third company transferred the instant claim for the transfer money to the Plaintiff.

C. Meanwhile, as of June 3, 2014, the instant claim for the takeover amount as of June 3, 2014 is KRW 291,936,976 in total (i.e., outstanding credit card usage claim 291,882,816 in total) and KRW 353,496,398 in total, with interest or delay damages.

The notification of the transfer of each of the above claims by the plaintiff representing one bank, the second company, and the third company shall be made in the duplicate of the complaint of this case.

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