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(영문) 서울북부지방법원 2020.09.23 2019나36569

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 2,906,654 and KRW 2,198,370 among the Plaintiff and its KRW 2,198,370 on June 8, 2018.

Reasons

1. Facts of recognition;

A. On July 2015, the Defendant obtained a credit card from C Co., Ltd. and used it, and the aforementioned credit card-related damages rate is at least 23.5% per annum.

B. C Co., Ltd. transferred the Defendant’s credit card payment claim to D Co., Ltd. on January 27, 2016, and D Co., Ltd. to the Plaintiff on September 11, 2017, respectively. C Co., Ltd. was entrusted with the authority to notify the assignment of claims, and the Plaintiff notified the Defendant of the fact of the transfer of claims on November 14, 2017 upon delegation of the authority to notify the assignment of claims.

C. As of June 7, 2018, the credit card payment claim against the Defendant remains in principal amounting to KRW 2,198,370, and interest amounting to KRW 708,284.

【Reason for Recognition】 Each entry in the evidence Nos. 1, 3 through 8 (including each number), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 2,906,654 (i.e., principal amount of KRW 2,198,370 and interest KRW 708,284) and damages for delay calculated at the rate of KRW 2,198,370, which is the rate of 23.5% per annum from June 8, 2018, the following day of the above base date, as to the principal amount of KRW 2,198,370.

3. In conclusion, the plaintiff's claim against the defendant should be accepted as reasonable.

The judgment of the court of first instance is unfair in conclusion, and thus, it is so decided as per Disposition by cancelling the judgment of the court of first instance and ordering the defendant to pay the above amount.