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(영문) 인천지방법원 2015.05.07 2014나55246
양수금
Text

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

2. The Defendant’s KRW 18,718,512 and 10,005 among the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant joined Samsung Card Co., Ltd. (hereinafter “Tsung Card”) as a credit card holder on or around March 2007 and did not pay KRW 10,005,650 out of the credit card use amount from March 14, 2007 to July 31, 2009.

On June 28, 2013, the Plaintiff acquired the claim for the use price of the said card from Samsung Card, and notified the Defendant thereof on March 2014.

B. As of February 12, 2014, the overdue interest rate of the above credit is 17%, and delay damages, such as overdue interest in 10,005,650 won, are 8,712,862 won.

【Evidence-Based Evidence Nos. 1, 2-9, 3-7, 4-2, 5-1, 2, and 6 of Evidence Nos. 1, 2-3, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff, who acquired the credit card use payment claim against the Defendant from Samsung Card, with the interest of KRW 18,718,512 (=10,05,650 + 8,712,862) and damages for delay calculated at the rate of 17% per annum from February 13, 2014 to the day of full payment, which is the day following the above base date, for the principal amount of KRW 10,005,650.

3. Thus, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and it is so revoked, and it is so decided as per Disposition by ordering the defendant to pay the above money.

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