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(영문) 서울중앙지방법원 2017.11.08 2017나42455

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 15,390,336 and KRW 3,735,757 among the Plaintiff and the Plaintiff’s KRW 3,735,757 on May 31, 2016.

Reasons

1. As to the cause of the claim, the Defendant approved from the National Bank that the terms and conditions of the credit card transaction and the credit card holders’ terms and conditions apply, and the damages for delay would not be paid for the use of the credit card while the credit card was issued and used in accordance with the overdue interest rate set by the said Financial Institution; the National Bank would be a limited-liability company specialized in Lene-backed securitization; the said limited-liability company would be a limited-liability company; the said savings bank would be a limited-liability company; the Plaintiff on December 10, 2009, notified the Defendant of the transfer of the credit card user’s claim before the transfer of the credit card user’s claim; and on May 30, 2016, the above credit card user’s claim amounting to KRW 15,390,336 (principal principal, KRW 35,757, interest or damages for delay) remains, or may be acknowledged by taking into account each of the descriptions set forth in subparagraphs A through 5.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 15,390,336 as well as the principal amount of KRW 3,735,757 as of the above base date to the Plaintiff at the rate of 17% per annum as requested by the Plaintiff within the scope of overdue interest rate set by the above national bank from May 31, 2016 to the date of full payment.

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair, and it is so decided as per Disposition by cancelling the judgment of the court of first instance and ordering the payment of the above money.