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(영문) 인천지방법원 2017.03.22 2016가단232046
양수금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 23,546,604 and KRW 22,813,40 among them. From December 5, 2015, the Defendant shall pay to the Intervenor succeeding to the Plaintiff.

Reasons

1. According to the evidence evidence Nos. 5 and 6 of the Plaintiff’s claim, it is recognized that the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff on July 20, 2016 and notified the Defendant of the transfer of the said claim on August 23, 2016.

According to the above facts of recognition, since the plaintiff lost the status of the creditor of this case, the plaintiff's claim of this case is dismissed as it is without merit.

(Plaintiff submitted a written withdrawal from a lawsuit on January 10, 2017, but failed to withdraw from the lawsuit without the Defendant’s consent). 2. Determination as to the Plaintiff’s successor’s claim

A. (1) On November 30, 2015, Hyundai Card Co., Ltd. transferred to the Plaintiff a credit card use-price claim against the Defendant, and notified the Defendant of the above assignment of claim on December 3, 2015.

(2) As of December 4, 2015, the Plaintiff had a claim amounting to KRW 23,546,604, including the principal and unpaid interest of KRW 22,813,40 and KRW 733,204.

(3) On July 20, 2016, the Plaintiff transferred the credit card use fee claim to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the transfer on August 23, 2016.

(4) Therefore, the Defendant is obligated to pay the Plaintiff’s Intervenor the above credit card use price claim and damages for delay based on the agreed rate from December 5, 2015.

(b) Grounds for recognition: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

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