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(영문) 서울중앙지방법원 2017.09.06 2016나54376
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On June 26, 1991, the Defendant was re-issued the credit card on December 17, 2003 while setting the agreed overdue interest rate of 29.9% from EL branch credit card Co., Ltd. (the name was changed to EL branch credit card Co., Ltd.; hereinafter the same shall not apply to EL branch credit card Co., Ltd. and the new credit card Co., Ltd.) and used the credit card without distinguishing it from EL branch credit card Co., Ltd., and did not pay the credit card use amount (hereinafter “the credit card use amount of this case”).

B. On November 1, 2001, 201, 10,000 won was determined and lent to the Defendant at the interest rate of 9% per annum and at the interest rate of 17% per annum, respectively (hereinafter “the instant one loan”). Daegu Seogu Seom Agricultural Cooperative Co., Ltd. (hereinafter “Seoul Metropolitan City Co., Ltd.”), on December 23, 2003, 100 won was determined and lent to the Defendant at the interest rate of 10.5% per annum and at the interest rate of 16.5% per annum (hereinafter “the instant two loan”).

C. Meanwhile, on April 20, 2005, the Daegu District Court 2004Gaso87079 rendered a judgment against the defendant on April 20, 2005 that "the defendant shall pay 17% interest per annum from October 22, 2004 to 9,651,534 won and from 9,600,000 won among 9,651,534 won to the Daegu District Court, and from 17% interest per annum from the day of full payment." The above judgment was finalized on May 26, 2005, and the NAF was decided on April 8, 2005 with the defendant as the claim against the loan 2 of this case as the claim against the defendant, and the Daegu District Court 2005Daso14356 decided on April 26, 205 with the payment of the above amount of 9,95,764 and 25% interest per annum from 205.25%.2.2.

New Card’s Credit Card’s Credit Card’s Credit Card Use Price Claim on June 21, 2013; and the Loan Claim on June 28, 2013 to the NAYYYYYYYYYY 1.

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