logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.27 2017나43113
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. Basic facts

A. On January 4, 2007, the Defendant obtained credit cards from Hyundai Card Co., Ltd. and used them.

B. On June 30, 2015, Hyundai Card transferred its credit card use fee claims to the Defendant to Hyundai Capital Co., Ltd., and notified the Defendant of the transfer of the credit card assignment by content-certified mail on July 3, 2015. The above notification reached the Defendant around that time.

C. On May 20, 2016, Hyundai Capital transferred to the Plaintiff the credit card use fee claim against the Defendant, and notified the Defendant of the transfer of the above credit by content-certified mail on May 24, 2016, and the notification reached the Defendant around that time.

The amount of the Plaintiff’s credit card usage fee claim against the Defendant is the total of KRW 13,081,274 as of August 19, 2016 and KRW 18,098,294 as of August 19, 201.

【Ground of recognition】 The fact that there is no dispute, Gap 1 through 5, 7, 8, and the purport of the whole pleading

2. The assertion and judgment

A. According to the facts as to the cause of the claim, the Defendant shall pay to the Plaintiff delay damages calculated at the rate of 15% per annum from November 2, 2016 to the day of full payment, which is the day following the day when the original copy of the instant payment order, sought by the Plaintiff, is served on the Defendant with respect to KRW 18,098,294 and KRW 13,081,274 of the credit card use charges.

B. As to the Defendant’s assertion, the Defendant did not prepare and submit an application for direct membership at the time of issuing the above credit card, but the Defendant’s Plaintiff’s claim of this case is deemed to be unjustifiable, since the Defendant’s Plaintiff’s child B was to inform the Defendant’s personal information by telephone to the Hyundai Motor Company employees

The following circumstances recognized by the purport of the entire text of the records, records, and pleadings, namely, that the Defendant’s receipt of the said credit card at his own will (the Defendant’s response to the submission), and the fact that the Defendant used the said credit card issued, as seen earlier.

arrow