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(영문) 인천지방법원 2015.03.19 2014나55024
양수금
Text

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

2. The defendant shall pay to the plaintiff KRW 5,274,512 and 4,444.

Reasons

1. Facts of recognition;

A. On April 19, 2001, the Defendant subscribed to the Korea Housing and Commercial Bank Co., Ltd. (hereinafter “Korea Housing and Commercial Bank Co., Ltd. after the merger”) as credit card holders. On October 1, 2008, the Defendant borrowed KRW 5 million from the national card transfer theory on October 1, 2008, and did not pay KRW 4,44,45.

B. On June 21, 2013, the Plaintiff completed the notification of the assignment of claims by taking over the above credit from the national card, and the overdue interest rate of the above credit is 17% per annum, and the sum of overdue interest and delay damages for the total amount of KRW 4,44,445 as of December 26, 2013, which is the base date, is 830,067 won.

【Reasons for Recognition】 Each entry in the evidence Nos. 2, 3, 6 through 8, and the purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay the Plaintiff, who acquired the credit card loan principal and interest claim against the Defendant from the national card (=4,444,45 + 830,067) and the damages for delay calculated at the rate of 17% per annum, which is the following day of the above basic date, from December 27, 2013 to the date of full payment, to the date of full payment.

3. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair, so the judgment of the court of first instance is revoked, and it is so decided as per Disposition by ordering the defendant to pay the above money.

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