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(영문) 서울동부지방법원 2015.05.20 2014나24558

양수금

Text

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

2. The defendant shall pay to the plaintiff KRW 12,383,219 and among them 9,196.

Reasons

1. In the first instance trial, the Plaintiff: (a) 5,449,172 won in total (1,979,227 won, 3,469,945 won in total) of the two credit card payment bonds that the Defendant acquired from the National Card Co., Ltd.; (b) 2,58,516 won in loans that the Defendant acquired from the Hyundai Capital Co., Ltd.; (c) 8,219,314 won in loans; (d) 16,98,136 won in loans that the Defendant acquired from the Daum Savings Bank Co., Ltd.; and (e) 4,986,829 won in loans that the Defendant acquired from the Samsung Card Co., Ltd.; and (vi) 4,345,531 won in total of credit card payment loans and credit card payment bonds that the Samsung Savings Bank acquired from the Han Card Co., Ltd.; and (vi) 2, 2370,000 won in loans to the Samsung Savings Co.

Since only the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim(i,ii, andvii) that the plaintiff acquired from the National Card Co., Ltd., Hyundai Capital Co., Ltd., and the Korea Exchange Bank.

2. Facts of recognition;

A. The Defendant entered into an agreement with the National Card Co., Ltd. on October 23, 2002 to become a member of the e- leisure national card, and entered into an agreement to become a member of the KSC on November 14, 2005, and as of February 16, 2014, 5,449,172 won in total [the debt amount of the above credit card and e-paid card] as of February 16, 2014, 5,722,424 won in total [the principal amount 1,628,572 won in total, 3,093,852 won in interest, 726,748 won in arrears (350,65 won in 376,093 won in interest)];

B. Hyundai Capital Co., Ltd.: (a) on June 17, 2011, extended small credit loans to the Defendant; (b) on February 16, 2014, the amount of the said loans was KRW 2,588,516 ( principal KRW 1,631,500).

C. The defendant is a stock company.