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(영문) 서울중앙지방법원 2015.11.05 2015나28332
양수금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion D did not pay KRW 2,00,632 of the credit card usage fee when having concluded a credit card use contract with a foreign exchange card company and obtained a credit card. On June 4, 2004, the Plaintiff died. The Plaintiff’s claim for the credit card use fee was transferred in sequential order to the Plaintiff via TNNF loan company and TNF loan company. The above transfer was notified to the Defendants, the heir of D, and as of August 20, 203, the above credit card usage fee claim remains in KRW 4,478,346 of the principal amount. As of August 20, 2013, the Plaintiff’s claim for the credit card use fee remains in KRW 2,00,632, interest 2,477,714, and the overdue interest rate set by the Plaintiff within the scope of the agreed damages rate at the time of the above credit card use contract is 17% per annum. The Defendants, the heir of D, are obligated to pay the amount claimed to the Plaintiff.

B. It is not sufficient to acknowledge that foreign exchange card companies transferred the credit card use payment claim to the social loan company e-mailed by the e-mail only with the descriptions of Gap evidence Nos. 1 through 6, and there is no other evidence to acknowledge otherwise.

Therefore, without examining the remaining points, the plaintiff's assertion based on the premise that the foreign exchange card company acquired the above credit from the social loan company of the Eastyang Korea.

2. As such, the plaintiff's claim is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and all of the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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