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(영문) 인천지방법원 2015.01.29 2014나53240

양수금

Text

1. Revocation of a judgment of the first instance;

2. As to KRW 17,314,705 and its KRW 3,844,399 among the Plaintiff, the Defendant on December 12, 2013.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence 1 to 7 (including branch numbers in case of additional numbers) by taking into account the overall purport of the pleadings.

On June 10, 200, the Defendant borrowed KRW 5,000,000 from the Seocho Central Saemaul Bank on June 10, 2002, but did not pay the loan. On June 28, 2013, the Yeongdeungpo Central Saemaul Bank transferred to the Plaintiff the remainder of the loan (the principal amount of KRW 3,823,709 as of May 31, 2013) against the Defendant.

B. On May 23, 2002, the Defendant entered into an agreement on the use of a credit card with a lot card company (hereinafter “slot card”) and used it by obtaining a credit card.

On June 28, 2013, the credit card was transferred to the Plaintiff the credit card use price claim (20,690 won as of May 31, 2013) against the Defendant.

C. On January 12, 2015, the Plaintiff, who was delegated with the notification of the transfer of claims by the Hopo Central Saemaul Savings Depository and the Culture Card, notified the Defendant of the fact of the transfer of claims by means of service by public notice after having received the notification of the declaration of intent by public notice by this Court 2014Kao302.

As of December 19, 2013, the overdue interest rate determined by the Plaintiff applicable to the above claim for transfer proceeds is 17% per annum. As of December 19, 2013, the principal of the loan to the Defendant’s Supo Central Saemaul Savings Depository was 3,823,709 won, and the interest or delay damages accrued up to that time were 13,43,504 won, the principal of the credit card use fee for the Defendant’s lot card was 20,690 won, and the interest or delay damages accrued up to that time were 36,802 won.

2. According to the above facts of determination, the defendant's principal amounted to KRW 17,314,705 [the principal amounted to KRW 3,823,709, the Hanpo Central Saemaul Bank's principal amounted to KRW 20,690, and interest or delay delay delay interest or delay delay damages amounting to KRW 13,43,50, and KRW 36,802] among the above facts of determination = the principal amount of Fapo Central Saemaul Bank's principal amount amounted to KRW 3,84,39.