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(영문) 서울서부지방법원 2020.02.06 2019나35593
양수금
Text

1. Revocation of the first instance judgment.

2. As to KRW 3,829,157 and KRW 1,719,351 among the Plaintiff, the Defendant on December 2, 2008.

Reasons

1. Facts of recognition;

A. The Defendant concluded a credit card transaction agreement with C Co., Ltd. and received a credit card transaction such as the purchase of goods and services, and delayed payment of the credit card user fee. As of December 1, 2008, the Defendant’s obligation on the credit card user fee was 3,829,157 won including the principal amount of KRW 1,719,351 and delayed payment damages, etc. and KRW 2,109,806. The agreed interest rate is 28% per annum.

B. On the other hand, C Co., Ltd. on May 3, 2006, the defendant against D (the trade name after the alteration: E; hereinafter "E")

On July 5, 2006, a notice of assignment of claims indicating the purport of the assignment of claims was sent to the Defendant. The above content-certified mail sent to the Defendant.

C. E applied for a payment order against the Defendant with the content that “The Defendant shall pay to E 3,829,157 won and 1,719,351 won among them at the rate of 28% per annum from December 2, 2008 to the date of full payment.” The above payment order was served on the Defendant on December 23, 2008 and confirmed on January 7, 2009.

E concluded a contract for the sale of assets with the Plaintiff on April 26, 2011, and transferred the instant claim to the Plaintiff. Around that time, E sent a notice of assignment stating the purport of the assignment of claims to the Defendant, and the said content-certified mail sent to the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the facts seen earlier prior to the determination of the cause of the claim, the instant claim was lawfully transferred to the Plaintiff, and the assignment notification as a requisite for setting up against the Plaintiff was lawful.

As such, the defendant is liable to pay to the plaintiff, the transferee of the claim of this case, the total sum of KRW 3,829,157 of the principal and interest of the claim of this case until December 1, 2008 and KRW 1,719,351 of the principal and interest thereof, from December 2, 2008 to September 30, 2015.

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