beta
(영문) 서울중앙지방법원 2019.11.28 2019나41104 (1)

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 13, 2002, the Defendant entered into a contract with D Co., Ltd. (hereinafter “D Card”) and E Co., Ltd. (hereinafter “E Bank”) for each credit card member and used the said credit card (including card loan).

B. Claims against the Defendant of the D Card and claims against the Defendant of the E Bank were succeeded to F Co., Ltd. (hereinafter “F Bank”) due to merger, etc.

C. On December 10, 2009, the Plaintiff received the transfer of each of the above claims from the F Bank, and notified the Defendant of the transfer of claims on May 4, 2010. The status of each of the above claims as of September 19, 2012 is as listed below.

(B) The Plaintiff’s claim Nos. 1 and 2 (hereinafter “instant claim”). The Plaintiff’s claim details Nos. 1 and 162,354 won 1,128,294 won as of October 30, 2009, 6,850,489 won as of October 30, 2009, 7,012,843 won as of October 30, 2009 / [based on recognition] no dispute, i.e., Gap’s 1 through 3,5,54 won as of October 30, 209, and the purport of the entire pleadings.

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated by the rate of 17% per annum, which is the overdue interest rate applied by the Plaintiff pursuant to Article 11(1) of the B Trust Claim Management Business Regulations, to the Plaintiff, the transferee of each of the instant claims, and to the Plaintiff, as of September 19, 2012, as of September 19, 2012, with respect to the total of KRW 19,094,259, and the total of the principal of each of the instant claims, and KRW 7,012,843, among the principal.

B. The Defendant asserted that the claim to extinguish the claim 1 on the Defendant’s argument did not dispose of the claim due to an occupational error in the FF Bank in the course of performing all of the instant claims. However, the evidence submitted by the Defendant alone is alone.