(영문) 서울중앙지방법원 2016.06.03 2015나49797

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(영문) 서울중앙지방법원 2016.06.03 2015나49797

양수금

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1. Revocation of the part against the plaintiff among the judgment of the first instance

The defendant shall pay to the plaintiff KRW 33,142,814 and 6,545.

Reasons

1. The Plaintiff sought payment from the Defendant of the credit card company (hereinafter referred to as the “credit card”) and the new credit card company (hereinafter referred to as the “new credit card”). The court of first instance rejected the claim as to the credit received from the credit card, and dismissed the claim as to the credit claimed by the new credit card.

Therefore, since only the plaintiff appealed against the losing part, the subject of the judgment of this court is limited to the claim on the principal amount of 6,545,197 won and interest interest interest of 26,597,617 claimed to have been acquired from the new card rejected by the court of first instance.

2. Determination as to the cause of action

A. On June 13, 2008, a new card was filed against the Defendant with Seoul Central District Court 2008Gada19463, and on December 12, 2008, the court sentenced that “the Defendant shall pay to the new card 22,421,191 won and 10,180,000 won which are calculated at the rate of 20% per annum from February 13, 2008 to the date of full payment.” The above judgment became final and conclusive as of January 3, 2009, and 2) The new card was collected part of the principal of the credit against the Defendant, which became final and conclusive, and notified the Defendant of the fact that the credit was transferred to the Plaintiff around June 21, 2013.

3) As of November 3, 2014, a claim based on the above judgment is KRW 33,142,814 in total (i.e., principal KRW 6,545,197 interest at KRW 26,597,617). (iv) According to the Plaintiff’s business regulations on the management of the entrusted bond of the Credit Counseling and Recovery Fund, the agreed interest rate on the purchase claim is to apply 17% per annum within the limit of the original delayed interest rate (20% per annum in this case).

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

B. Determination

유사 판례

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