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(영문) 서울북부지방법원 2017.03.14 2016나33699 (1)

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 1,761,862 and KRW 814,084 among the Plaintiff and the Plaintiff’s KRW 25 August 25, 2015.

Reasons

1. Facts of recognition;

A. On April 28, 2001, the Defendant issued and used a credit card from the Korea Cmat Bank Co., Ltd.

B. On September 29, 2014, the Plaintiff: (a) transferred the credit card use fee claim against the Defendant from the Korea C&T Bank; and (b) notified the Defendant of the assignment of the credit on October 21, 2014 upon delegation of the authority to notify the assignment of credit; and (c) the notification reached the Defendant around that time.

C. The principal and interest of the credit card user’s claim is KRW 1,761,862 as of August 24, 2015 (i.e., the principal amount of KRW 814,084 overdue interest amounting to KRW 947,778). The overdue interest rate of the above credit card is 29.9%.

【As a result of the order of submission of each financial transaction information to the Bank, Korea C&B Co., Ltd., and KEB, each entry in the evidence Nos. 1 through 4, the purport of the entire pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum as sought by the Plaintiff from August 25, 2015 to the date of full payment with respect to the total amount of KRW 1,761,862, as well as KRW 814,084, which is the principal of the above claim.

3. In conclusion, the plaintiff's claim of this case shall be accepted as it is reasonable, and since the judgment of the court of first instance is unfair with different conclusions, it shall be revoked and it shall be ordered to order the defendant to pay the above amount. It is so decided as per Disposition.