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(영문) 서울동부지방법원 2014.10.24 2014가단108813
양수금
Text

1. The defendant shall pay to the plaintiff KRW 25,812,744 and KRW 16,877,561 among them, from February 18, 2014 to the day of full payment.

Reasons

Plaintiff’s assertion

The plaintiff asserts as the cause of the claim of this case as shown in the annexed Form “the cause of claim.”

Judgment

In order below, each of the above causes of claims shall be determined.

Comprehensively taking account of the respective descriptions and the overall purport of arguments, 7,756,743 Won 5,1-1, and 2 from a new credit card company, the new credit card company (EL card company) entered into an agreement with the Defendant on November 10, 2002 with the Defendant for membership of a credit card and issued the credit card to the Defendant for the use of the said credit card. As of February 17, 2014, the Defendant was unable to pay the above credit card price of KRW 7,756,743 (=the total amount of KRW 2,792,140) as of February 17, 2014. The new credit card company transferred the credit card price to the Plaintiff on June 21, 2013, and notified the credit card transfer on March 31, 2014.

Therefore, the defendant is obligated to pay 7,756,743 won, such as the above card price, to the plaintiff.

The Plaintiff asserted that, on June 10, 201, Hyundai Capital Co., Ltd. loaned KRW 1,636,90 to the Defendant on June 10, 201, the Plaintiff transferred the principal and interest interest claim to the Plaintiff.

Therefore, in light of whether Hyundai Capital Co., Ltd. lent the above loans to the Defendant on June 10, 201, there is a lack to recognize the above loans solely based on the descriptions of Gap 1-2, 2, and 3 (each of the above documents is only documents prepared voluntarily by the plaintiff and Hyundai Capital Co., Ltd.), and there is no other evidence to acknowledge them.

Therefore, the above part of the claim cannot be accepted.

Comprehensively taking account of the overall purport of the statements and arguments as indicated in Articles 5,896,576, and 2, 1-3, and 6, the fact that the Defendant entered into an agreement with the Defendant to enter into a credit card member with the date of shot Capital Co., Ltd., but further, if the Defendant used credit cards equivalent to KRW 5,896,576, the amount of KRW 2,1-3, respectively.

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