beta
(영문) 서울중앙지방법원 2017.04.19 2016나63370

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 37,446,298 and KRW 19,224,544 among the Plaintiff and the Plaintiff’s KRW 19,24,54, April 2016.

Reasons

1. Facts of recognition;

A. The Defendant made financial transactions as follows, and as of April 19, 2016, the principal and interest of obligations as of April 19, 2016 are as listed below.

Serial 14,875,875,869,113,135,23,988,301, 4534,56,3296, 137,782, 1924, 184, 251, 754, 377,476, 782, 19,224, 5418, 2541, 754, 754, 37, 754, 37, 476, 298, 298, 298, 2988, 2988, 3 national bank loans extended by 3 national bank.

B. The National Bank of Korea [the National Credit Card Co., Ltd. (hereinafter “National Credit Card Co., Ltd.”) on October 1, 2003]

(2) The Plaintiff filed a lawsuit against the Defendant seeking payment of the said card price, etc. (hereinafter “National Bank”). On March 7, 2008, the said court rendered a decision of performance recommendation to pay the principal and interest of the said card price, etc. on which the Defendant did not raise any objection, and the said decision of performance recommendation became final and conclusive on March 28, 2008.

C. On the other hand, on June 21, 2013, the national card (which appears to be separated from the national bank after the decision of performance recommendation) transferred the instant claim Nos. 1 and 2, and the national bank transferred the instant claim No. 3 to each Plaintiff on July 5, 2013, and the Plaintiff was delegated with the authority to notify the assignment of the claim to the Defendant on June 23, 2014.

Meanwhile, the overdue interest rate determined by the Plaintiff within the scope of the delay interest rate of the purchase claim is 17% per annum.

【Reason for Recognition】 Each description of evidence 1 through 8 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the reasoning of the judgment on the Plaintiff’s assertion, barring any special circumstance, the Defendant shall pay to the Plaintiff the total amount of KRW 37,476,298 as well as the total amount of KRW 19,224,54 as well as damages for delay calculated at the rate of 17% per annum from April 20, 2016 to the date of full payment.