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(영문) 서울중앙지방법원 2016.05.30 2015나56146
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 7,188,090 and KRW 1,574,030 among the Plaintiff’s KRW 1,574,030 on September 20, 2014.

Reasons

Comprehensively taking account of the overall purport of pleadings as to Gap evidence 1, 2, and 3, evidence 4-1 and evidence 4-2, the defendant transferred the above credit card price to the plaintiff on or around April 4, 1991, and delayed payment of the credit card price. The foreign exchange credit card company transferred the above credit card price claim to a limited liability company specializing in Ek foreign exchange card system and notified the defendant of the transfer on or around March 7, 2003. The limited liability company specializing in Ek foreign exchange card system, Ek foreign exchange system, transfer the above credit card price claim to Busan 2 Mutual Savings Bank and notified the defendant of the transfer on or around May 24, 2004. The Busan 2 Mutual Savings Bank transferred the above credit card price claim to the plaintiff on or around August 26, 201 according to a decision of the Financial Services Commission to transfer the credit card price claim to the public notice on August 29, 201, the defendant's total interest rate of 1,008 won in arrears and interest rate of the plaintiff 207.

According to the above facts, the defendant is obligated to pay to the plaintiff the above credit card price of KRW 7,188,090 and the principal of KRW 1,574,030 with delay damages calculated by the rate of 20% per annum from September 20, 2014 to the date of full payment, which is the day following the above calculation base date.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is unfair with different conclusions, and it is so decided as per Disposition by ordering the defendant to cancel it and order the payment of the above money.

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