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(영문) 서울남부지방법원 2015.09.24 2015나52423
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff sought payment of KRW 31,081,717 in total amount of 4 credit card user fee claims against the Defendant, a new card company (hereinafter “new card”), Solomon Mutual Savings Bank (hereinafter “ Solomonmon Mutual Savings Bank”), and against the Defendant who was transferred from Ethnmon Loan Co., Ltd., and 31,081,717. The court of first instance accepted only the Plaintiff’s claim for the use of the new card and the use of the national card that was transferred from Solomon Mutual Savings Bank among the Plaintiff’s claim, and dismissed all of the remainder of the claim for the use of the credit card.

In this regard, the plaintiff appealed against the claim for the use price of Samsung Card that was acquired by the Solomon Mutual Savings Bank, which is a part of the part against which the plaintiff lost, the object of this court's judgment is limited to the claim for use price

2. Determination on the claim for the use price of Samsung Card

A. The Plaintiff’s assertion Samsung Card Co., Ltd. (hereinafter “Tsung Card”) had a credit card use payment claim against the Defendant. Samsung Card transferred to Solomon Mutual Savings Bank, and Solomon Mutual Savings Bank transferred each of the above credit card use payment claim to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff as the transferee of credit cards the total sum of the principal and interest of the credit card use cost of KRW 2,831,624 and delay damages for the principal amount of KRW 978,127.

B. According to each of the statements in Gap evidence Nos. 2 and 3-2, and evidence No. 7-1, the defendant issued a credit card from Samsung Card and delayed the use of the credit card, and the Samsung Card had a credit card use-price claim against the defendant. Solomon Mutual Savings Bank transferred the above credit card use-price claim to the plaintiff on December 10, 209, and notified the defendant of the transfer on May 4, 2010, but it is recognized that the defendant notified the transfer to the defendant on May 4, 2010.

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