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(영문) 서울중앙지방법원 2016.05.26 2015나51950

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.

The defendant.

Reasons

1. In the first instance court, the Plaintiff filed four claims for the acquisition of the loan (the balance of the loan principal of KRW 18,94,852 and interest KRW 26,40,509) against the Defendant. The court of first instance rejected the Plaintiff’s claims for the acquisition of the loan from the new card company and the Busan Bank (hereinafter “Resan Bank”) upon the Plaintiff’s request.

Therefore, since only the plaintiff appealed against the part of the judgment against the plaintiff, the scope of the judgment of this court is limited to the portion of the claim for acquisition of the loan from the Busan Bank Co., Ltd. of the balance of the loan principal.

2. According to the purport of Gap evidence No. 2-1, Gap evidence Nos. 3, 5, and 6 as to the cause of the claim and the entire pleadings, the defendant did not pay the card price during the use of the credit card issued by the Busan Bank. The plaintiff (the Credit Counseling and Recovery Fund prior to the change) acquired the above claim from the Busan Bank on April 10, 2009, and notified the defendant of the transfer of the claim upon delegation of the transfer notification authority on December 2, 2009. The overdue interest rate set by the plaintiff is 17% per annum, and the defendant did not pay the claim as of February 13, 2015, the total amount of KRW 5,623,292 as principal and interest KRW 7,083,09,06,301 is recognized.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 12,706,301 from the Busan Bank and the amount of KRW 5,623,292, whichever is the following day for calculating the principal and interest, to the Plaintiff at the rate of 17% per annum from February 14, 2015 to the day of full payment.

3. If so, this part of the plaintiff's claim against the defendant is justified, and since the part against the plaintiff against the defendant corresponding to the above recognized money among the judgment of the court of first instance which concluded otherwise is unfair, it shall be revoked, and the defendant shall be ordered to pay the above recognized money, and "38,302,352 won" in the order of the judgment of the court of first instance shall be ordered.