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(영문) 서울북부지방법원 2020.11.12 2019나33782

양수금

Text

The judgment of the first instance shall be revoked.

The defendant shall start on May 4, 2018 with respect to KRW 8,479,572 and its KRW 6,995,590 among the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant filed an application for membership of a credit card with C around October 2016, and issued a credit card at that time, and the Defendant thereafter delayed payment of the credit card price.

The overdue interest rate on the credit card price agreed between the defendant and C is 23.5% to 27.9%.

B. On July 31, 2017, C Co., Ltd. transferred to D Co., Ltd. a credit card payment overdue interest and interest to the Defendant, and notified the Defendant thereof around that time.

D Co., Ltd. transferred the above principal and interest claim to the Plaintiff on January 19, 2018, and the Plaintiff, on February 6, 2018, notified the Defendant of the fact of transfer based on the power of notification of assignment of claims delegated by D Co., Ltd.

C. The total amount of principal and interest as of May 3, 2018 are KRW 8,479,572, and the principal among them is KRW 6,95,590.

[Ground of recognition] The items of evidence Nos. 1, 3-2, 4-1, 2, 5-7, and 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 23.5% per annum in favor of the Defendant, as claimed by the Plaintiff, among the above overdue interest rates from May 4, 2018 to the date of full payment, with respect to KRW 8,479,572 and the principal amount of KRW 6,95,590, among these amounts, from May 4, 2018.

3. If so, 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 thus, the plaintiff's appeal is accepted and the above quoted money is revoked and the defendant is ordered to pay the above quoted money. It is so decided as per Disposition