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(영문) 서울중앙지방법원 2019.01.22 2018나27248

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

[Claim]

Reasons

1. On November 2, 2001, the actual amount of the credit card user fee claim was issued by C Co., Ltd. (hereinafter “instant credit card”) under the Defendant’s name.

The actual cost of the credit card of this case was in arrears, and the amount of its debt is 6,722,335 won, including principal 3,152,506 won as of March 20, 2008, damages for delay, 3,569,829 won.

(B) The Plaintiff and the Plaintiff transferred each of the instant claims to the Plaintiff on May 13, 2005, respectively. < Amended by Presidential Decree No. 17568, Dec. 23, 2005; Presidential Decree No. 17565, Feb. 23, 2005>

In this case, the Plaintiff submitted a documentary evidence containing the purport of the notification of transfer on the instant claim, and the Defendant received it during the proceeding of this court.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. On the other hand, the Plaintiff asserts that the Defendant was issued the instant credit card, while the Defendant was residing in the U.S. at the time, and the Defendant’s omission was using the instant credit card in the name of the Defendant.

In light of the following circumstances, Gap evidence No. 5’s overall purport of pleadings, namely, the defendant did not clearly dispute the purport that the defendant was issued with the credit card under the name of the defendant without the defendant’s right to know, and the defendant voluntarily submitted a request for debt approval, re-resolution, and a letter of undertaking to approve the claim of this case to the plaintiff around October 2013, etc., it does not appear that the defendant was issued with the credit card in the name of the defendant without the defendant’s right to know. Furthermore, even if the defendant acknowledged the debt for the amount of the credit card of this case around October 2013, it does not appear that the credit card of this case was issued without the defendant’s right to know.