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(영문) 서울북부지방법원 2020.11.12 2019나32581

양수금

Text

The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff KRW 1,759,11 and KRW 1,207,119 among them from January 11, 2018.

Reasons

1. Facts of recognition;

A. On February 14, 2000, the Defendant issued a credit card from C Co., Ltd. and used it since that time, and delayed payment of credit card price.

B. All credit card payment claims against the Defendant were assigned in sequence to the Plaintiff, the final transferee, as follows:

On January 10, 2018, the credit card payment claim that the Plaintiff acquired is 25% per annum, and the principal and interest are 1,759,111 won per annum, and the principal and interest are 1,207,119 won.

CD D D A

C. On May 29, 2020, each of the above assignment of claims was notified in the instant litigation procedure by public notice to the Defendant.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum, which is the agreed delay damages rate, from January 11, 2018 to the date of full payment, with respect to KRW 1,759,111 and the principal of KRW 1,207,119, among the above credit card payments, to the Plaintiff.

3. As such, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and it is so decided as per Disposition by cancelling this and ordering the defendant to pay the above quoted money.