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(영문) 인천지방법원 2015.06.11 2014나54113
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 4,101,551 and KRW 2,863,554 among them.

Reasons

1. Facts of recognition;

A. The defendant, around March 14, 2002, signed a national bank (a trade name after division: the national card) with a credit card member and applied for a loan of this loan around July 9, 2008, but did not repay KRW 2,863,554.

B. After receiving the above claim from the National Card on June 21, 2013, the Plaintiff filed an application with the Incheon District Court Branch Branch Decision 2015Kaga181 to serve a notice on May 13, 2015, ordering the above court to serve a notice stating a notice of assignment of claim to the Defendant by public notice, and the said decision reached the Defendant on May 28, 2015 in accordance with the procedure for serving by public notice as stipulated under Article 113 of the Civil Act.

C. The interest rate on delay of the above bonds is 17% per annum, and the sum of interest on delay and delay damages on loans 2,863,554 won in the National Card Loan as of February 11, 2014, which is the base date, is 1,237,97 won.

【Reasons for Recognition】 The entries of Evidence Nos. 1, 2-2, 3, and 5-1 through 4, and the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay the Plaintiff a loan of 4,101,551 won (=2,863,554 + 1,237,97 + 2,863,554) and delay damages calculated at the rate of 17% per annum from February 12, 2014, which is the day following the above basic date to the day of full payment, to the day of full payment, from February 12, 2014 to the day of full payment.

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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