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(영문) 대구지방법원 2015.05.28 2014나305697
양수금
Text

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

2. The defendant shall pay to the plaintiff KRW 1,298,047 and 1,100 among them.

Reasons

1. The plaintiff, within the scope of the judgment of this court, transferred to the defendant at the first instance court against the defendant (the principal 772,407 won and overdue interest 521,340 won), the acquisition amount (the principal 6,144,283 won and overdue interest 845,341 won), the acquisition amount (the principal 16,946,750 won and overdue interest 18,29,186 won), the takeover amount (the principal 1,541,05 won and overdue interest 765,360 won) transferred from the company bank (the principal 22,207,373 won and overdue interest 9,731,950 won), the overdue interest transferred from the company bank (the principal 38,1261 won and overdue interest 165,4750 won and overdue interest 18,571 won and the Seoul court dismissed the claim from the Seoul Guarantee Insurance Co., Ltd. (the principal).

Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim for the amount transferred from Seoul Guarantee Insurance.

2. Determination as to the cause of action

A. 1) The Defendant concluded a credit card use agreement with Korea-U.S. bank on July 1, 2003 and received the credit card. The Defendant agreed to subscribe to the Seoul Guarantee Insurance’s credit card credit insurance, claim for credit card use amount to Seoul Guarantee Insurance and transfer the amount received as insurance money. 2) The Defendant delayed payment of credit card use amount on January 27, 201, and the Seoul Guarantee Insurance paid KRW 1,100,345 by subrogation to the Korea-U.S. bank on July 15, 201.

3 Seoul Guarantee Insurance Co., Ltd. transferred to the Plaintiff the principal and interest claim on the credit card use price, on June 28, 2013, and the Plaintiff was delegated with the power to notify the assignment of the credit card in Seoul Guarantee Insurance and transferred the credit to the Defendant on June 23, 2014.

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