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(영문) 서울중앙지방법원 2016.01.27 2015나59497

양수금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The defendant is a lot card corporation around June 2001 (hereinafter referred to as "shot card").

(i) use (including cash services) credit cards issued from a cards after having joined the cards as credit card holders, and use the card price (hereinafter “the instant card price”).

(2) On August 26, 2004, the Bar Card issued a payment order against the Defendant for the payment of the instant card price claim by Busan District Court 2004Guj3725, and on August 31, 2004, the above court issued a payment order on August 31, 2004, stating that “the Defendant shall pay the amount calculated at the rate of 24% per annum from August 6, 2004 to the day of full payment for KRW 1,459,424 and the amount of KRW 901,090 among them,” and on November 11, 2004, the above payment order was finalized as it was, although the Defendant was served with the above payment order.”

(3) On June 28, 2013, the instant card transferred the instant credit card payment claim to the Plaintiff. On June 23, 2014, upon delegation from the registration card, the Plaintiff notified the Defendant of the transfer of the said credit. [In the absence of dispute over the grounds for recognition, each of the 2, 3 evidence No. 2, 5, and 10 evidence No. 2, 5, and 10 evidence No. 2, and the purport of the entire pleadings.

B. According to the above facts, barring any special circumstance, the Defendant: (a) KRW 3,539,337 [this case’s payment order’s total of KRW 1,459,424, and KRW 24% per annum from August 6, 2004 to May 30, 2013; (b) KRW 1,907,842 (=901,090 x 24% x 3,220 x 363 days; hereinafter the same shall apply] to the Plaintiff, the transferee of the instant card payment claim; and (c) the amount calculated by adding the amount of delay damages calculated by the Plaintiff’s annual rate of KRW 17% from May 31, 2013 to July 14, 2014 to KRW 17,197 x 170109 x 363% per annum (=60% per annum).

In addition, for KRW 901,090 among them, the following day of the above calculation date of interest shall be July 15, 2014.