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(영문) 서울중앙지방법원 2016.05.18 2015나60138
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 3,161,639 and KRW 1,784,00 among them.

Reasons

1. The Plaintiff sought against the Defendant each payment of the claims that were taken over from a new card company at the first instance trial and the claims that were taken over from Solomon Mutual Savings Bank. The court of first instance accepted the claims that were taken over from a new card company, and dismissed the claims that were taken over from Solomon Mutual Savings Bank.

Therefore, since only the plaintiff appealed, the subject of the judgment of this court is limited to the part concerning the claims acquired from Solomon Mutual Savings Banks.

2. Determination

A. The defendant was merged with Samsung Capital Co., Ltd. (S.) on February 2, 2004.

(2) The Defendant was unable to fully pay KRW 1,784,00 out of the amount of the loan received through the Hadice Card, which was obtained from cash payments, telephone loans, or Internet loans, and used the amount with at least 10% of the monthly loan balance, and the interest rate for the arrears of the loan exceeded 17% per annum.

3) Samsung Card Co., Ltd. (hereinafter “instant claim”) against the said Defendant

(4) As of November 13, 2014, the principal amount of the instant claim is KRW 1,784,000, and interest for delay is KRW 1,377,639.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 3-2, Evidence No. 5-1 and No. 5-2, fact-finding with respect to Samsung Card Co., Ltd., and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant's final claim of this case.

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