(영문) 서울동부지방법원 2015.06.03 2014나23692

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(영문) 서울동부지방법원 2015.06.03 2014나23692

양수금

Text

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

2. The Defendant’s KRW 7,374,084 and 3,315 among the Plaintiff.

Reasons

1. The Plaintiff requested payment of KRW 7,374,084, and the total amount of KRW 4,595,572, which was acquired from a new card company from the Defendant at the first instance court, and the total amount of KRW 4,595,572. The court of first instance accepted only the credit card payment claim that was received from a new card company and dismissed the remainder of the claim.

Since only the plaintiff appealed against this, the subject of the judgment of this court is the part of the credit card price claim that the plaintiff acquired from the new credit card company.

2. Facts of recognition;

A. On August 1, 1995, the Choi Bank Co., Ltd. (the new card was partially divided and merged as a new bank was changed to a new bank on April 1, 2006) issued the Defendant a scarb BC credit card (re-issuance on June 16, 2006), El branch Capital Co., Ltd. (the new card was changed to a new card Co., Ltd. on August 22, 2001) issued a credit card to the Defendant on September 3, 200 (the re-issuance on June 8, 2006), and on December 5, 2013, the amount of debt of the above two credit card payment reaches the total of 7,374,084 won (the principal, 3,315, 531, 431, 4535, 5385).

B. On June 21, 2013, a new credit card company transferred the credit card payment claim to the Plaintiff, and the Plaintiff was delegated with the notification authority from the new credit card company and notified the Defendant of the assignment of the claim on or before June 23, 2014.

C. The overdue interest rate determined by the Plaintiff within the scope of the agreed overdue interest rate on the above credit card payment obligations is 17% per annum.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4 through 7, and the purport of the whole pleadings

3. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the total amount of KRW 7,374,084 and the principal amount of KRW 3,315,531 among them, delay damages calculated at the rate of 17% per annum that the plaintiff seeks from December 6, 2013 to the date of full payment.

4. Conclusion.

유사 판례

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