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(영문) 서울서부지방법원 2020.04.23 2019나40274
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. On October 16, 2013, the Defendant asserted that the credit card purchase price of KRW 397,171, overdue interest 210,016 was incurred by using the credit card issued by C with a credit card issued by C around October 16, 201.

C The above credit card usage claim against the Defendant of the Co., Ltd. was transferred to the Plaintiff on or around May 20, 2016 through D Co., Ltd., and the notice of transfer was given to the Defendant, so the Defendant is obliged to pay to the Plaintiff the sum of the principal and interest of the above credit card assignment claim and the delayed payment damages.

2. The Plaintiff submitted the evidence proving the underlying claim of the above amount receivable, but the above evidence alone is insufficient to acknowledge the existence of underlying claim between the Defendant and the obligee, as it is difficult to readily conclude that the Defendant himself/herself received and used a credit card issued by the obligee by him/her, and there is no other evidence to acknowledge the existence of underlying claim.

The plaintiff's assertion is without merit.

3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be just and it shall be dismissed as it is so decided as per Disposition.

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