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(영문) 부산지방법원 2020.09.16 2019나55835
양수금
Text

The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Defendant joined a credit card as a credit card holder of B around August 2007 and used the credit card, and entered into a loan agreement with C Co., Ltd. and B on January 6, 2012, D Co., Ltd. and D Co., Ltd. on October 12, 2010, E Co., Ltd. and the Industrial Bank of Korea on September 4, 2008, Sept. 27, 2007 (hereinafter referred to as “the instant loan, etc.”) with each of the instant loans, etc. and thereby lost the benefit of time due to the Defendant’s failure to repay the loans, etc. under the agreement.

B. E Co., Ltd. is the Defendant to F Co., Ltd. on December 31, 2012.

On January 10, 2013, a notice of assignment of claims was sent to the Defendant by content-certified mail.

After that, each of the above financial institutions (excluding E Co., Ltd. that transferred the bonds as above) transferred the instant loans, etc. to G Co., Ltd. (hereinafter “G”) on or around June 2013, and sent a notice of assignment of claims to the Defendant by content-proof mail on June 23, 2014, and G transferred the instant loans, etc. to the Plaintiff on January 26, 2018 and sent the notice of assignment to the Defendant by content-certified mail on April 19, 2018.

(hereinafter referred to as the “transfer of each of the instant claims” and each of the instant transfers notices shall be deemed to be the “written notice of assignment of each of the instant claims.”

On May 7, 2019, the Plaintiff submitted the instant notice of assignment of claims with a documentary evidence, and each of the said notice of assignment of claims was adopted as evidence at the date of pleading of the court of first instance and was examined as evidence.

The remaining details of principal and interest of the instant loans, etc. as of December 17, 2018 are as follows, and the overdue interest rate on the remaining principal and interest is 15% per annum.

(The following facts are as follows: (a) the sum of KRW 6,958,447 out of the principal and interest details is from March 11, 2011 to January 21, 2012; (b) BDF (based on recognition); (c) there is no dispute; (d) a significant fact in this court; and (e) evidence A1 to 6, 8, and 9.

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