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(영문) 전주지방법원 2016.02.17 2014나11416

양수금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. In the first instance court, the Plaintiff sought the payment of three credit card usage payment claims (the principal amount of KRW 4,131,656, the principal amount of KRW 333,334,00, the principal amount of KRW 4,300,00) and the credit card usage payment claims acquired from the Industrial Bank of Korea from the Defendant (the Defendant’s credit card’s principal amount of KRW 4,131,656, and the Defendant’s principal amount of KRW 4,30,00,000). The court of first instance accepted the Defendant’s claim on the credit card usage payment claims of KRW 33,334,00,000

Since the plaintiff appealed against this, the scope of the judgment of this court is limited to the credit card user fee claim and credit card user fee claim that the plaintiff acquired from the national card and the credit card user fee claim that the plaintiff acquired from the Industrial Bank of Korea.

2. Determination as to the cause of action

A. 1) The Defendant, while obtaining a credit card from the National Card and the Industrial Bank of Korea, failed to pay for the credit card use. 2) The National Card was issued on June 21, 2013, and the Industrial Bank of Korea on June 28, 2013, transferred to the Plaintiff the Defendant’s credit card use-price claim against the Defendant calculated as of May 31, 2013, and notified the Defendant of the assignment of the credit regarding the claim.

3) The Plaintiff’s credit card usage-price claim amounting to KRW 4,131,656 in the balance of principal that the Plaintiff acquired from the national card - The principal amounting to KRW 4,300,00 in the balance of principal that the Plaintiff acquired from the national card - The principal amounting to KRW 4,30,00 in the principal amount - The unpaid interest amounting to KRW 286,565 (as of September 29, 2009) (as of December 30, 2009) - The principal amount of the credit card’s claim amounting to KRW 3,614,430 in the principal amount - The unpaid interest amounting to KRW 449,490 (as of December 30, 2009) - The overdue interest rate of KRW 27% per annum 1983,984 in the instant case from December 31, 2009 to December 31, 2015>