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(영문) 서울중앙지방법원 2017.02.08 2016가단5191682
양수금
Text

1. Of the instant lawsuit, the lawsuit as to the claim acquired from Samsung Card or Lot Card shall be dismissed.

2. The defendant.

Reasons

1. In full view of the following facts: (a) of the instant claim claims, the Plaintiff’s lawsuit against Samsung Card and Samsung Card’s claim against the Plaintiff regarding the lawfulness of the lawsuit against Samsung Card and Samsung Card’s claim; (b) the entry of No. 4, No. 5, and No. 5-3-3 of the evidence No. 4; and (c) the filing of an order to submit financial transaction information against Samsung Card and the entire pleadings by this court, Samsung Card’s order against the Defendant for the payment of the credit card usage fee transferred to the Plaintiff under Suwon District Court Sungnam-nam Branch Branch 2011Hu6784, Oct. 10, 201; and (c) the said payment order became final and conclusive on Oct. 25, 2011; and (d) the Plaintiff’s claim against the Defendant for the payment of the credit card transferred to the Plaintiff under Suwon Branch Branch Branch Branch 2011Ga5631, which became final and conclusive based on the extinctive prescription order for each of the above claims.

2. Determination as to the remaining claims

A. The judgment on the cause of the claim (Provided, That the creditor is the plaintiff, the debtor is deemed the defendant, the new card, the national card, one card, and the claims acquired from the foreign exchange bank) is not disputed between the parties, or can be recognized in full view of the overall purport of the pleadings as stated in the evidence Nos. 1 through 10 (including the serial number), and the whole purport of the pleadings. As such, the defendant shall pay to the plaintiff damages for delay calculated at the rate of 17% per annum from June 3, 2016 to the day of full payment of the principal amount of KRW 96,02,924 and the total amount of principal of KRW 54,249,459.

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