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(영문) 서울중앙지방법원 2015.09.01 2015가단5065977
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 39,351,219 and KRW 27,907,994 from November 11, 2014 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. On February 18, 2003, the Defendant entered into a new card and credit card member subscription contract with the Defendant. 2) On April 22, 2002, the Defendant entered into a credit guarantee contract with the Korea-U.S. bank to guarantee the payment of the above debt, and the credit guarantee insurance company paid KRW 13,067,932 to the insured on August 30, 2012.

3) The Plaintiff received the credit card claim under the above paragraph (1) and the claim for reimbursement under the above paragraph (2) from the new card and the Seoul Guarantee Insurance Co., Ltd., and notified the Defendant of the fact that the claim was acquired on June 23, 2014. (4) As of November 10, 2014, the claim under paragraph (1) as of November 1, 2014 remains 2,717,840 won in total of the principal amount and delayed payment damages, and the claim under paragraph (2) remains 13,067,932 won in total of principal amount and interest amount and interest amount of KRW 16,63,379 in total.

[Ground of recognition] Evidence Nos. 1-1, 2, A2, A4, A5, A6-1 and 2-2 of the evidence, and the result of the financial transaction information reply to the President of Korea C&T of this Court, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 39,351,219 and the principal amount of KRW 27,907,94 among them, delay damages calculated by the rate of 17% per annum from November 11, 2014 to the date of full payment.

2. The plaintiff's claim of this case is accepted for reasons.

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