logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.07.15 2015나57282
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

Gai Card Co., Ltd. had a credit card payment claim of KRW 17,837,00 against the Defendant. However, the credit card payment claim was the Solomon Savings Bank on September 28, 2010, which was transferred on December 1, 201 to Solomon Savings Company, and the Plaintiff on May 21, 201, and each of the above assignment claims was notified to the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from May 22, 2013 to the date of full payment of the principal amounting to KRW 82,895,559 and the principal amounting to KRW 17,837,00 among the principal amounts.

Judgment

According to the purport of Gap evidence No. 3 and the whole argument, the plaintiff transferred the credit card payment claim to Eul LA loan Co., Ltd. on March 24, 2016, and the purport of the credit card payment claim was notified to the defendant. Thus, even if the defendant bears the above credit card payment obligation, the plaintiff is no creditor of the above credit card payment because the above credit card payment claim is legally transferred to a third party and the plaintiff is no longer a creditor of the above credit card payment. The plaintiff's argument is without merit without further review

In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance shall be revoked as it is unfair to conclude otherwise, and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.

arrow