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(영문) 서울중앙지방법원 2016.08.31 2016나23150
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A.H received a loan by entering into a loan transaction agreement with the financial institutions listed in the following list of claims, and used credit cards after joining the financial institutions listed in the following list of claims as credit card holders:

B. The Plaintiff acquired each of the claims from the financial institutions listed below in the specification table of claims, and notified H of the fact of transferring the claims upon delegation of the power to notify the assignment of claims.

C. The remainder of the credit that the Plaintiff acquired on May 14, 2015 and the interest accrued therefrom are as indicated below in the column of balance and the column of interest accrued from among the credit description lists. The overdue interest rate set by the Plaintiff within the scope of the overdue interest rate of the purchase claim is 17% per annum.

(2) The loan of 2,591,860 won 2,732,714 won 5,724,574 won 2 8,196,092 won 9,824,623 won 18,020,715 won 3 1,444,418 won 14,752,330 won 24,196,748 won 4,000 won 1,251,868 won 1,288,288 won 3,111,4565 won 24,757,748,748 won 4, 1,251,75 won 1,198,198,198,730,71,740,757, 197, 197, 197, 197, 257, 248,75 won and 345 won.

D. On August 12, 2013, H died. The co-defendants of the first instance court, a sibling of H, succeeded to H jointly with the wife of the I, who died on June 6, 2011, and the Defendants, who are his/her children, (the inheritance by representation).

The share of Defendant D’s inheritance is 1/12(i.e., 1/4 x 3/9). The share of Defendant E, F, and G is 1/18(=1/4 x 2/9).

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1 through 5, Evidence No. 3-1 to 3, Evidence No. 4-1 to 5, and purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, barring any special circumstance, Defendant D shall be liable to the Plaintiff for damages incurred by the Plaintiff, and Defendant D shall be liable to compensate the Plaintiff for damages incurred by the Plaintiff (i.e., KRW 6,036,024 (i.e., KRW 72,432,294 x KRW 1/12, and less than KRW

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