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(영문) 인천지방법원 2015.01.06 2014나54106
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant shall make the plaintiff 10,240.

Reasons

1. The court of first instance accepted five claims among the plaintiff's six transfer proceeds claims and dismissed one claim, and only the dismissed one claim is subject to the judgment of this court, since only the plaintiff filed an appeal.

2. Comprehensively taking account of the overall purport of pleadings as indicated in Gap evidence Nos. 1, 2-3, 3, and 5-1 and 2 as to the cause of the claim, the defendant entered into a modern card membership agreement with Hyundai Card Co., Ltd. (hereinafter "on-site card") on January 26, 2010, and obtained a credit card and used it. Since August 5, 2010, Hyundai Card Co., Ltd. (hereinafter "on-site card") delayed payment of credit card usage charges from around November 16, 2011; Hyundai Card Co., Ltd. (hereinafter "on-site") with the Defendant’s obligation to transfer the principal and interest of KRW 6,437, 98 as of November 16, 201; 30% of the principal and interest of Hyundai Card Co., Ltd. (hereinafter "on-site Capital"); 40% of the principal and interest of KRW 81,67,000,000 for Hyundai Capital Co., Ltd. (hereinafter “ on-site 21636.).

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is unfair in some different conclusions, and thus, the plaintiff's appeal is accepted.

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