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(영문) 서울서부지방법원 2017.06.01 2016나34155

양수금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim against the defendant is dismissed.

3. The defendant shall be jointly and severally with B.

Reasons

1. Facts of recognition;

A. On May 14, 2010, the Defendant entered into a credit card use contract with the Industrial Bank of Korea (hereinafter “Nonindicted Bank”) and agreed to pay interest at a rate of 18% per annum if the card price is overdue. The Defendant’s representative director B, who was the Defendant’s representative, entered into a joint and several guarantee contract with Nonparty Bank and Defendant with respect to the above credit card use obligation.

B. During the use of a credit card (credit card number C), the Defendant delayed the payment of KRW 10,008,901 for the card price around October 2010.

C. On November 3, 2011, Nonparty bank transferred the said card price claim (hereinafter “instant claim”) to the Plaintiff (hereinafter “instant claim”), and around February 7, 2013, Nonparty bank notified the Defendant of the instant claim assignment. D.

On July 31, 2014, the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff (hereinafter “instant secondary assignment of claims”), and notified the Defendant of the instant secondary assignment of claims on August 11, 2014.

E. Meanwhile, on March 27, 2017, the non-party bank and the Plaintiff notified the Defendant of the instant assignment of claims 1 and 2 on March 27, 2017, as the notification of the instant transfer was not served on the Defendant, and the said notification was served on the Defendant on March 29, 2017.

F. The principal and interest of the instant claim amounting to KRW 10,008,901 as of February 15, 2013 and interest for arrears amounting to KRW 3,557,440.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 14 and 15, the purport of the whole pleadings

2. According to the above facts of recognition, barring any special circumstance, the Defendant is jointly and severally liable with B to pay to the Intervenor succeeding to the Plaintiff the interest of KRW 13,56,341 as well as the interest of KRW 10,008,90 on the principal of the instant claim and KRW 18% interest per annum from February 16, 2013 to the date of full payment.

On the other hand, the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff.