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(영문) 서울중앙지방법원 2020.10.22 2020나18605

양수금

Text

1. Revocation of a judgment of the first instance;

2. On January 22, 2020, the Defendant paid KRW 1,158,712 to the Plaintiff and KRW 1,05,00 among them.

Reasons

1. Facts of recognition;

A. On November 20, 2015, the Defendant entered into a credit card transaction agreement with C Co., Ltd. (hereinafter “C”) and obtained a credit card and lost the benefit of time due to the overdue payment of the credit card for at least three months.

B. On January 27, 2006, C entered into a credit card transfer agreement with D Co., Ltd. (hereinafter “D”) and transferred C’s credit card overdue bonds (hereinafter “instant bonds”) to D on December 31, 2018. On January 3, 2019, C notified C of the said transfer by content-certified mail to the Defendant.

C. D entered into an asset acquisition agreement with the Plaintiff on April 2, 2019, and transferred the instant claim to the Plaintiff on April 10, 2019 in accordance with the said asset acquisition agreement. On April 19, 2019, the Plaintiff received the delegation from D and notified the Defendant of the transfer of the said claim by content-certified mail.

As of July 2, 2019, the sum of the instant claims is KRW 1,158,712 (= Principal KRW 1,055,000) (i.e., KRW 103,712).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the facts of the above recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 1,158,712 and the principal of KRW 1,05,00,00,000, calculated by 12% per annum from January 22, 2020 following the day of service of the complaint to the day of full payment.

3. As such, the plaintiff's claim should be accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and it is so decided as per Disposition by the plaintiff's appeal.