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(영문) 서울북부지방법원 2020.06.18 2019나36125
양수금
Text

1. Revocation of the first instance judgment.

2. As to KRW 1,882,732 and KRW 1,529,60 among the Plaintiff and the Plaintiff’s KRW 1,529,60, June 2, 2018.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) around January 2016, the Defendant used the said credit card with D’s credit card issued by C Co., Ltd., and the aforementioned credit card-related damages rate is at least 23.5% per annum.

(2) The credit card payment claim against the Defendant of C Co., Ltd. was assigned in sequence as follows.

① C Co., Ltd. E and the date of assignment of claims: The date of notification of the assignment of claims: (2) September 5, 2017; the date of notification of the assignment of claims; and (3) the date of notification of the assignment of claims: January 19, 2018; and (3) the Defendant’s credit card payment obligation is KRW 1,82,732 as of June 1, 2018; and the principal amount is KRW 1,529,600, among them.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 (including branch numbers), and the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 23.5% per annum from June 2, 2018 to the date of full payment of the principal amount of KRW 1,882,732 and KRW 1,529,60, which is the following day of the above base date.

2. In conclusion, the plaintiff's claim 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, so the judgment of the court of first instance is revoked, and it is so decided as per Disposition by ordering the defendant to pay the above recognized amount

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