logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.29 2020나18582
양수금
Text

The judgment of the first instance shall be revoked.

2. The defendant's 1,093,785 won and 1,000,471 won among them to the plaintiff on January 22, 2020.

Reasons

1. Facts of recognition;

A. After concluding a credit card transaction agreement with C Co., Ltd., the Defendant purchased goods or used cash services, etc. with C Co., Ltd.

The Defendant did not pay the above credit card payment obligation to C Co., Ltd., and the amount of the arrears is the principal amount of KRW 1,00,471 as of July 3, 2019 and interest KRW 93,314 (total KRW 1,093,785).

B. On January 2, 2019, C Co., Ltd. transferred the credit card payment claim against the Defendant to D Co., Ltd., and notified the Defendant of the transfer. On April 2, 2019, D Co., Ltd transferred the said claim to the Plaintiff again and notified the Defendant of the transfer.

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 5, and the purport of the whole pleadings】

2. According to the above facts of determination and conclusion, the defendant is obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 22, 2020 to the day of full payment, as requested by the plaintiff, to the plaintiff who acquired the above credit card payment claim in succession, with the principal of KRW 1,093,785, and the principal of KRW 1,000,471.

If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is unfair with a different conclusion, so it is revoked and order the defendant to pay the above money.

arrow