logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.29 2018나4252
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

3. The judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. C, on April 27, 2001, purchased a credit card as a member with a credit card, and delayed the amount of the credit card used at that time.

B. On October 31, 2002, Choung Bank transferred the credit card payment claim against C to a mutual savings bank promoting the foregoing credit card payment claim (hereinafter “promotiond mutual savings bank”), and notified C of the transfer of the claim. On June 15, 2011, the promotion mutual savings bank transferred the transferred claim to C again to the Plaintiff, and notified C of the transfer of the transferred claim to C on July 20, 201.

C. As of May 24, 2016, the instant claim for the amount of the transferred money remains KRW 2,733,000, the principal amount of which is KRW 9,571,501, plus KRW 12,304,501.

On the other hand, C died on July 17, 2015, and Defendant A and mother, his father, succeeded to C’s property.

E. On January 5, 2018, the Defendants filed a report on the re-approval of inheritance with the Incheon Family Court’s Vice-Support 2018-Mao22, and received a judgment from the said court on March 2, 2018.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Plaintiff, the assignee of the instant claim, within the scope of the property inherited from the network C, and the Defendants seek the agreement within the scope of the agreed rate of 6,152,250 won (i.e., KRW 12,304,500 x KRW 1/2, and less than KRW 1/300 x less than KRW 1/2,73,000 among the principal amount, and the principal amount of KRW 1,36,50 (= KRW 2,73,000 x 1/2) from October 12, 2017 to the date of final delivery of a copy of the instant payment order, as the Plaintiff seeks after the maturity date.

arrow