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(영문) 서울중앙지방법원 2016.10.12 2016나22614
양수금
Text

1. Of the judgment of the court of first instance, regarding the Plaintiff’s KRW 56,374,989 and KRW 21,673,086 among the judgment and the Plaintiff’s KRW 21,67,086, Oct. 30, 2014.

Reasons

1. On July 7, 2015, the court of first instance rendered a judgment in favor of the Plaintiff, and served a written judgment by means of service by public notice, after serving a duplicate of the application for payment order against the Defendant, notification of the date for pleading, etc. on the Defendant.

Therefore, the defendant was unable to comply with the peremptory period due to the reason that he was unable to know the service of the judgment without negligence and was unable to be held responsible. On March 29, 2016, the court of first instance rendered a judgment after receiving the original copy of the judgment after requesting a perusal and reproduction to the court of first instance.

After that, the defendant filed an appeal of the instant case on April 1, 2016, which was within 14 days from March 29, 2016, which was within 14 days from March 29, 2016, and the defendant's appeal of the subsequent completion satisfies the requirements for the subsequent completion of the litigation.

2. The scope of the judgment of this court claimed against the defendant for the payment of the acquisition amount by transfer from the foreign exchange card company, new card company, Samsung Card Co., Ltd., and the court of first instance accepted the plaintiff's claim in its entirety.

Since the defendant appealed against this, only the part of the claim for the amount taken over from Samsung Card Co., Ltd., the scope of the trial of the party is limited to the claim for the amount taken over from Samsung Card Co., Ltd. against the defendant.

3. Determination as to the cause of the claim: (a) the Defendant was issued with a credit card from Samsung Card Co., Ltd. on the date of non-payment; (b) as of October 29, 2014, the amount of the claim for the use of the said Samsung Card is KRW 22,708,67 ( principal KRW 9,272,620, interest KRW 13,436,057; hereinafter “instant claim”); (c) the Plaintiff received the instant claim from Samsung Card Co., Ltd. on June 28, 2013 and notified the Defendant of the assignment of the claim on June 13, 2014; and (d) the fact that the rate of delay payment for the said claim is 17% per annum does not conflict between the parties; or there is no dispute between the parties; or (e) the amount of the claim for the use of the said Samsung Card as of October 29, 2014.

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