beta
(영문) 의정부지방법원 2017.02.13 2016나60472

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendant entered into a credit card membership agreement with the National Agricultural Cooperative Federation (hereinafter “FF”) around 1995, and used credit cards with the National Agricultural Federation. The delayed interest rate between the National Agricultural Federation and the Defendant is 23% per annum.

B. On September 7, 2007, the National Agricultural Cooperatives Federation transferred the above credit card payment claim against the Defendant to the Plaintiff, and notified the Defendant of the transfer by content-certified mail.

C. Meanwhile, as of March 28, 2016, the principal of the Defendant’s unpaid card use price is KRW 1,783,875, and the interest is KRW 8,363,236.

(hereinafter referred to as “the credit card price claim of this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 5, and the purport of the whole pleadings.

2. According to the facts established prior to the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff who acquired the instant credit card payment claim at the rate of 23% per annum from March 29, 2016 to the day of full payment, which is the day following the base date for calculating interest, with respect to the principal amount of KRW 10,147,11 and the principal amount of KRW 1,783,875.

3. The defendant's defense is alleged to have repaid the credit card price of this case. Thus, there is no evidence to acknowledge it, and the defendant's defense is without merit.

4. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.