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(영문) 서울중앙지방법원 2017.09.22 2015나68088

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 17,586,092 among the Plaintiff and KRW 4,987,128 among the Plaintiff, as to July 14, 2015.

Reasons

Facts of recognition

On October 14, 2004, the defendant applied for the issuance of a credit card to a lot card company (hereinafter referred to as "slot card") and used it by obtaining a credit card around that time.

On June 28, 2013, the Plaintiff acquired credit card-related claims against the Defendant from a slot Card, and notified the Defendant of the transfer of claims on June 23, 2014 by being delegated with the authority of notice of the transfer of claims from a slot Card.

The details of claims against the defendant who the plaintiff acquired from the shot Card (as of May 31, 2013) are as follows.

On the other hand, the overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on the purchased bonds is 17% per annum.

【Ground of recognition” 1, 2, 3, and 5, and the facts of the above recognition as to the ground for the claim as a whole, the Defendant is obligated to pay the principal and interest of the obligation to the Plaintiff who acquired the claim against the Defendant from a lot card.

On the other hand, among the bonds the Plaintiff acquired, the interest accrued until May 31, 2013 for the principal amount of 4,987,128 won of the credit that is “credit card” (hereinafter “credit card bonds”), the interest accrued until May 31, 2013 is KRW 10,803,461, and the interest interest accrued from June 1, 2013 to July 13, 2015 calculated at the rate of 17% per annum that the Plaintiff seeks within the scope of the overdue interest rate for the contract from June 1, 2013 to July 13, 2015 is 1,795,503 (=4,987,128 x 73 days ± 765 days x 0.17). Thus, the sum of interest accrued as of July 13, 2015 is 12,598,964 won (i.e., 1083, 4615 won).

Therefore, the Defendant, as sought by the Plaintiff, is obligated to pay the interest on credit card bonds as of July 13, 2015 (i.e., KRW 17,586,092 (= KRW 4,987,128, KRW 12,598,964) and the interest on delay calculated at the rate of 17% per annum within the scope of the agreement with respect to KRW 4,987,128, which is the principal, from July 14, 2015 to the date of full payment to the date of full payment).

(1) The Plaintiff’s claim is based on the credit card claim, excluding the provisional payment. The Plaintiff’s claim is concluded.