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(영문) 울산지방법원 2015.09.09 2014나11659
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 10,065,896 and 6,282 among them.

Reasons

1. Determination on the cause of the claim

A. Recognizing the fact (1) The Defendant did not pay the credit card amount when concluding a contract for use of a credit card with a lot card and obtaining a credit card.

(2) On June 28, 2013, a lot card transferred to the Plaintiff the credit card user’s credit card user’s claim amounting to KRW 6,282,736 and damages for delay incurred until May 31, 2013. The Plaintiff was delegated with the authority to notify the transfer of credit from a lot card and notified the Defendant of the fact of transfer on September 2, 2014.

(3) The Plaintiff applies the rate of damages for delay of 17% per annum within the scope of the initial agreed damages for delay between the Defendant and the registration card.

(4) The Defendant’s credit card payment obligation is the principal amounting to KRW 6,282,736 as of June 8, 2014, and damages for delay, KRW 3,783,160.

[Ground of recognition] Evidence Nos. 1, 2-4, 3, 10, 11, and the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the sum of KRW 10,065,896 (won 6,282,736 won, KRW 3,783,160), and the principal amount of KRW 6,282,736 from June 9, 2014 to June 8, 2014, calculated at the rate of 17% per annum, which is the agreed interest rate, from June 9, 2014, to the date of full payment.

3. As such, the plaintiff's claim is justified, and the part against the plaintiff in the judgment of the court of first instance against the plaintiff is so unfair that it is unfair to conclude it, and one-party against the defendant.

(b) It is so decided as per Disposition by ordering additional payment of the stated money.

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