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(영문) 서울서부지방법원 2020.05.08 2019나40205

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 1,113,815 and KRW 499,080 among the Plaintiff’s KRW 1,113,815 and the Plaintiff’s KRW 27, 2019.

Reasons

1. Facts of recognition;

A. On October 13, 2011, the Defendant concluded a credit card transaction agreement with C Co., Ltd. and received a credit card and traded credit cards such as the purchase of goods and services. From November 2013, the Defendant delayed the payment of the credit card user fee of KRW 49,080 and delay damages.

B. C Co., Ltd. shall be D Co., Ltd.

Around May 4, 2016, the Plaintiff transferred the instant claim from D Co., Ltd., and sent to the Defendant a notice of assignment of claim indicating the purport of the assignment of claim on or around May 23, 2016, and around that time, the content-certified mail sent to the Defendant.

C. The credit card use price in arrears as of November 14, 2018 is KRW 1,113,815, including the principal amount of KRW 49,080 and delay damages, KRW 614,735, and the agreed overdue interest rate is 24% per annum.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum with respect to KRW 1,113,815 and KRW 499,080, which is the day following the delivery day of the original copy of the payment order sought by the Plaintiff, within the scope of interest rate of the agreement from April 27, 2019 to the day of complete payment.

3. In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.

The judgment of the court of first instance is unfair with different conclusions, and thus, it is so decided as per Disposition by accepting the plaintiff's appeal and accepting the plaintiff's claim.