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(영문) 서울중앙지방법원 2016.04.08 2015나38681

양수금

Text

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

2. The defendant shall pay to the plaintiff KRW 12,481,802 and 5,705 among them.

Reasons

1. The plaintiff's assertion

A. The Defendant, upon joining the Hyundai Card Co., Ltd. as a member on September 26, 2005 and using the card, was liable for a total of KRW 2,635,769 as of August 18, 2009 (i) KRW 161,020 on November 8, 2005; ② Card arrears of KRW 888,749 on August 21, 2008; and ③ Cash Service Arrears of KRW 1,200,000 on April 27, 2009; and (ii) KRW 386,000 on June 21, 2009.

The Hyundai Card Co., Ltd. transferred the above claim to Hyundai Capital Co., Ltd. around that time.

B. On the other hand, on June 27, 2007, Hyundai Capital Co., Ltd. extended a separate loan to the Defendant “Frad loan,” and on December 5, 2011, the balance of the standard loan was KRW 3,069,695.

C. On December 5, 2011, Hyundai Capital Co., Ltd. transferred to the Plaintiff the total amount of KRW 5,705,464 (= KRW 2,635,769, KRW 3,069, KRW 695).

On the other hand, as of April 10, 2014, the sum of the accrued interest on the above bonds as of April 10, 2014 is KRW 6,776,338 (= KRW 5,381,303 KRW 1,395,035).

Therefore, the Defendant is obligated to pay to the Plaintiff 12,481,802 won (i.e., the principal of the obligation 5,705,464 won and interest 6,776,338 won) and damages for delay calculated by the rate of 17% per annum, which is the overdue interest rate of the Plaintiff from the day following the date of calculating the principal and interest ( April 11, 2014) to the day of full payment of the principal and interest.

2. Determination:

A. In full view of the evidence No. 1, evidence No. 2-2-4, evidence No. 3-4, evidence No. 4-2, evidence No. 5, and evidence No. 11 and the purport of the whole pleadings, the plaintiff's above assertion can be acknowledged as it is.

Therefore, the defendant 1. D. to the plaintiff.

have the obligation to pay the money set forth in the subsection.

B. If so, the plaintiff's claim is justified, and the judgment of the court of first instance is unfair with different conclusions, so the part against the plaintiff among the judgment of the court of first instance is revoked and the defendant is ordered to pay the above money, and it is so decided as per Disposition.