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(영문) 서울중앙지방법원 2015.04.07 2014나44269

양수금

Text

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

2. Defendant A’s 44,949,970 won and 9,035.

Reasons

1. The Plaintiff’s claim for each transfer from Samsung Fire and C&B Investment Loan Co., Ltd. and Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) was accepted and the claim for each transfer from Samsung Fire and C&B Investment Loan Co., Ltd. was dismissed.

Since only the plaintiff filed an appeal as to the claim dismissed, only this part is subject to the judgment of this court.

2. Comprehensively taking account of the overall descriptions and arguments set forth in subparagraph 1-1, subparagraph 2-1, subparagraph 5-1, and subparagraph 5-1 through 4 with respect to the new credit card transfer claim (hereinafter “claim 1”), Defendant A entered into a credit card use contract with the new credit card and received each credit card around July 16, 1996 and September 20, 198, and thereafter, Defendant A was issued with the credit card. The sum of the remaining principal of the credit card use obligation as of January 3, 2014 is KRW 9,035,644, the sum of the remaining principal of the credit card use obligation as of May 30, 2013, KRW 35,01,08, KRW 5-1, and KRW 5-1 to April 21, 2014, Defendant A notified the Plaintiff of the credit card transfer damages rate of KRW 175,000, KRW 316,319,254,2014.

According to the above facts, Defendant A is obligated to pay to the Plaintiff the amount of KRW 44,949,970 (i.e., the sum of the remaining principal 9,035,644 won plus delay damages of KRW 35,914,326) and damages for delay calculated at the rate of 17% per annum from January 4, 2014 to the date of full payment, for which the Plaintiff seeks to pay damages for delay calculated at the rate of 17% per annum from January 4, 2014 to the date of full payment.

3. The case is hereinafter referred to as "the Seoul Guarantee Insurance Claim."