beta
(영문) 서울북부지방법원 2016.11.01 2015나34916

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 59,001,890 among the Plaintiff and KRW 29,093,302 among the Plaintiff, on December 2014.

Reasons

1. Determination on the cause of the claim

A. On March 29, 2001, the Defendant obtained a credit card from the Korea C&T Bank (Korea C&T) and used the credit card. 2) On September 29, 2014, the Plaintiff received the credit card use fee claim from the Korea C&T Bank (Korea C&C) and notified the Defendant of the assignment of the credit card on October 21, 2014 upon delegation of the authority to notify the assignment of credit, and the above notification reached the Defendant around that time.

3) The principal and interest of the above credit card-use payment claim is KRW 59,001,890 in total as of December 18, 2014 (i.e., principal amount of KRW 29,093,302 delay damages of KRW 29,908,58). The interest rate on delay damages of the above credit card-use payment claim is KRW 29.9% per annum from December 19, 2014 to the date of closing argument in the trial. 【The entry in the evidence Nos. 1 through 4, each of the evidence No. 1 to 4, the court of first instance and the court of first instance, the result of each order to submit financial transaction information to the Korea Telecommunication Bank

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the sum of KRW 59,001,890, and KRW 29,093,302, which is the principal of the above claim, to the Plaintiff at the rate of 29.9% per annum from December 19, 2014 to the date of full payment.

2. As such, the plaintiff's claim of this case is reasonable and acceptable. The judgment of the court of first instance is unfair with different conclusions, and it is so decided as per Disposition by the court below to cancel it and order the payment of the above money to the defendant.