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(영문) 인천지방법원 2016.10.14 2016나53053
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Determination

A. According to the reasoning of the judgment as to the cause of the claim, the statement in Gap 1 through 7, and the witness Eul's testimony and arguments, the defendant entered into a credit card use contract with Hyundai Card Co., Ltd. (hereinafter "on-site card") around November 11, 201, and the defendant purchased the above 700,000 won from his employee Eul in Yeonsu-gu Incheon Metropolitan City's "D" around January 12, 201, and approved the price of the above goods with the Hyundai Card. The plaintiff entered into a contract for transfer and takeover of the credit card with Hyundai Card on January 27, 2006, acquired the above goods purchase claim from Hyundai Card Co., Ltd on April 30, 2015, and acquired the above goods purchase claim from Hyundai Card on April 30, 2015.

5. On May 14, 2015, the Defendant is obligated to pay to the Plaintiff the amount of KRW 700,000, the principal of the price of the goods as of May 14, 2015, the amount of damages for delay is KRW 36,542, and the overdue interest rate is 24.5% per annum. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 700,00,00 and damages for delay plus KRW 736,542, and damages for delay.

B. The defendant's argument that the defendant's claim regarding the defendant's assertion is unfair since B obtained approval as points of modern card, and since B set up a black box free of charge and arbitrarily granted approval for the price of the above goods, it is argued that the plaintiff's claim is unfair. However, since the video of the evidence No. 1 is insufficient to recognize the above argument, the defendant's argument is without merit.

C. Accordingly, according to the doctrine of lawsuit, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 24.5% per annum, which is the agreed interest rate from May 15, 2015 to the date of full payment, for the total amount of KRW 736,542, and the principal amount of KRW 700,000,00.

2. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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