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(영문) 서울중앙지방법원 2020.12.15 2020나18544

양수금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

2...

Reasons

Comprehensively taking account of the evidence evidence Nos. 1 through 5, it is recognized that each of the reasons for the claim is stated in the application form for the attached payment order (However, the "loan Agreement" in Article 1 (a) is "credit card use contract"). Comprehensively taking into account the above facts acknowledged, the Defendant is obliged to pay to the Plaintiff, who acquired the credit card payment claim against the Defendant by transfer of the credit card payment claim against C Co., Ltd. the total amount of KRW 886,594, and the principal amount of KRW 841,493, as of January 22, 2020, the day following the delivery of a copy of the complaint of this case sought by the Plaintiff from January 22, 2020 to December 15, 2020, the date of this judgment, which is 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

Since part of the judgment of the court of first instance is unfair to conclude a different conclusion, part of the plaintiff's appeal is accepted, and part of the judgment of first instance is revoked, and the defendant is ordered to pay the amount of recognition. Since the remainder of the judgment of first instance is legitimate, the remaining appeal