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(영문) 광주지방법원 2015.11.04 2015나51827

양수금

Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The Defendant’s KRW 4,915,348 and KRW 4,220,586 among the Plaintiff.

Reasons

1. The Plaintiff sought for the payment of the amount equivalent to the acquisition amount while acquiring the claim from the new card, the national card, and Samsung Card in the first instance trial. The court of first instance dismissed the national card’s claim and accepted all the remaining claims.

However, since only the plaintiff appealed against the above judgment, the scope of the judgment of this court is limited to the claim of the national card part.

2. Determination as to the cause of claim

A. 1) The Defendant joined the National Card as a credit card member on June 7, 201, and used a credit card to receive a loan of KRW 2,000,000 from the National Card on November 7, 201, by means of equal repayment of principal and interest. 2) The National Card was transferred to the Plaintiff on June 21, 2013, and on March 31, 2014, the Plaintiff was delegated with the power to notify the assignment of credit, and the said notification was sent to the Defendant around that time.

The principal and interest of the outstanding amount under item 1,714,286 won (i) 386,591 won (ii) 2,100,877 won (ii) 2,50,870 won (iii) 308,171 won (iv) 2,814,471 won (iv) 4,220,586 won (i.e., ①) 694,762 won (ii) 4,915,348 won (ii) 3) as of February 19, 2014, the principal and interest of the outstanding amount under item 386,591 won (ii) 2,50,877 won (iv) 2,506,300 won (iv) 4,220,586 won (=) 694,762 won (i.e., (iii) 4, 2014) 17% interest rate for the principal.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from February 20, 2014 to the date of full payment.

3. As such, the plaintiff's claim for this part is justified, and the judgment of the court of first instance which has different conclusions is unfair, and it is so decided as per Disposition by ordering the payment of the above money.