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(영문) 인천지방법원 2015.03.26 2014나53431
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall substitute the Plaintiff for KRW 9,922,942 and its 6,772,486. From January 13, 2014.

Reasons

1. Facts of recognition;

A. The KB National Card Co., Ltd. (hereinafter “SBI Savings Bank”) loaned KRW 7,200,000 to the Defendant, who was a credit card holder on November 19, 2007, but the Defendant did not pay KRW 2,673,675 as the Defendant did not pay the loans. On June 21, 2013, the SBI Savings Bank (hereinafter “SBI Savings Bank”) extended the above loans to the Plaintiff. On December 20, 2007, the SBI Savings Bank (hereinafter “SBI Savings Bank”) extended KRW 8,00,000 to the Defendant, but the Defendant did not pay KRW 4,098,811 to the Defendant on December 28, 2011.

B. After receiving the above claims, the Plaintiff filed an application for service by public notice with the Incheon District Court 2014Kaman3251, and the said court rendered February 27, 2015, “SBI Savings Bank and the Defendant of the National Card shall issue an order to serve a notice stating an intent to transfer claims through service by public notice” and the decision reached the Defendant on March 18, 2014 in accordance with the procedure for service by public notice of declaration of intent under Article 113 of the Civil Act.

C. The interest rate on the foregoing loans is 17% per annum, and the sum of interest and delay damages on the current national card loans 2,673,675 won as of January 12, 2014 as of the base date is 540,695 won, and the sum of interest and delay damages on the loans of the SBI Savings Bank 4,098,81 won is 2,609,761 won.

【Reasons for Recognition】 Each entry in subparagraphs A through 6 (including numbers, if any) and the purport of the whole pleadings

2. According to the above facts, the defendant's acquisition of the claim for loans to the defendant by the National Card and SBI Savings Bank from the plaintiff 9,922,942 won [=National Card loans 3,214,370 won + 540,695 + 6,708,572 won + SBI Savings Bank loans 6,708,572 won + 4,708,811 + 2,609,81 + 2,609,761 + 6,772,486 won = 2,673,6754,6754,098.

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