logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.18 2020나58504
양수금
Text

The judgment of the first instance shall be revoked.

The defendant's 64,593,840 won and 17,558,708 won among the plaintiff's 64,59,840 won from June 27, 2019.

Reasons

1. Facts of recognition;

A. The Defendant was issued and used a credit card by a C organization. ② On November 29, 2000, the Industrial Bank of Korea loaned the amount of KRW 5,000,000,000 to the Republic of Korea on January 26, 2001, and the amount of KRW 7,000,000 on July 18, 2003, respectively. ③ around October 10, 2001, the Defendant was granted and used a credit card by D Co., Ltd. (the trade name before the change: E Co., Ltd.; hereinafter “D”).

The defendant lost the interest of the deadline for each of the above claims.

B. On April 10, 2009, Plaintiff (F Co., Ltd. before the change on March 26, 2013) received a payment order (Seoul Central District Court Decision 2009Da66941, Oct. 28, 2009) stating that “The Defendant shall pay to the Plaintiff damages for delay for KRW 28,121,271 and KRW 14,643,38,” and the above payment order was finalized on September 29, 2009.

C. D received a payment order (Seoul Eastern District Court 2005 tea999) on February 4, 2005, stating that “the Defendant shall pay to the Plaintiff damages for delay for KRW 3,046,225 and KRW 2,915,370 among them” against the Defendant. The above payment order was finalized on March 5, 2005.

D on May 18, 2011, with the enforcement title of the above payment order, received a seizure and collection order (Seoul Central District Court 201TTT 20553) as to the deposit claims against the Defendant C organizations, etc.

On June 21, 2013, the Plaintiff acquired the claim from D and delegated the power to notify the assignment of the claim, and notified the Defendant of the assignment of the claim on June 3, 2014.

The principal (A) interest and damages for delay (B) (A) 1.83,30 won 2,712,702 won 3,696,032 won 23,140,375 won 32,871,642 won 23,140,375 won 32,928,741 won 11,163,320 won 15,092,061 won (32,915,370 won) 2,918,735 won total of 12,58,708,035 won, 47,035 won

D. Each of the above claims as of June 26, 2019 is determined as follows:

arrow