beta
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 November 20, 1996, the Defendant entered into a credit card subscription contract with a foreign exchange credit card company and obtained credit card holders, and did not pay 2,239,594 won (hereinafter “the instant credit card price”).
B. The agreed interest rate for delay applied to the credit card payment obligation of this case was 29% per annum from January 4, 1999 to August 12, 2001, 26% per annum from the following day to March 17, 2002, and 24% per annum from the following day.
The principal and interest up to August 29, 2003 on the credit card price claim of this case calculated in accordance with this ratio is KRW 5,653,729 in total.
C. The credit card payment claim of this case was transferred on March 8, 2003 to a limited liability company specializing in the Espamb card issuing company and the company specializing in the asset-backed securitization (hereinafter “Espamb card”), and on March 12, 2004 to Busan 2 Mutual Savings Bank (hereinafter “Espamb Savings Bank”).
At the time of each transfer, the notification of the assignment of claims was made to the defendant.
An order for the payment of the principal and interest of the credit card price of this case (Seoul District Court 2003Guj23846) was issued against the Defendant, and on October 28, 2003, the Defendant received an order for the payment of the amount of KRW 5,653,729 and KRW 2,239,594, which was calculated at the rate of 24% per annum from August 30, 2003 to the delivery date of the payment order, and 20% per annum from the next day to the day of full payment.”
The payment order was served on the defendant on November 13, 2003, and was finalized on November 28, 2003.
E. On August 26, 2011, the Financial Services Commission made a decision on the transfer of contracts to Busan 2 Mutual Savings Bank, an insolvent financial institution, pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, and announced it on the 29th of the same month
Pursuant to Article 14-2(1) of the same Act, the Plaintiff designated as a financial institution that has taken over a contract has succeeded to the credit card price claim of this case.
[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1 and 2.