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(영문) 서울중앙지방법원 2016.10.05 2016나13887
양수금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

Reasons

1. The plaintiff, within the scope of the judgment of this court, filed a claim against the defendant for the payment of transfer money by taking over each credit card-price claim, credit card loan loan claim, credit card loan loan claim, credit card loan loan claim, credit card loan claim, credit card loan claim, credit card loan claim, and credit card loan claim against the defendant of our bank. The court of first instance dismissed the part of the claim and accepted the remainder of transfer money claim.

Since the plaintiff appealed on the above part of the claim for each of the above transfer money which was dismissed, the scope of the trial on the party's appeal is limited to the part of the claim for the claim taken over from the foreign exchange bank.

2. Determination as to the cause of action

A. (1) The Defendant’s failure to pay the amount of credit from the foreign exchange bank during the use of the credit card from the bank on the date due; (2) the Defendant’s failure to pay the credit card loan by obtaining the credit card loan from the above bank on the date due; and (3) as of August 7, 2015, the amount of the credit card payment claim is KRW 20,402,539 (interest 10,402,639 won up to August 6, 2015), the credit card loan loan amount is KRW 1,427,748 (interest 727,748 won up to August 6, 201, interest 70,000 won up to August 6, 2015); and (4) the Plaintiff’s failure to obtain the credit card payment claim from the foreign exchange bank on the date and notified the Defendant of each credit card payment claim based on the credit card payment rate as of August 7, 2011.

B. According to the above facts, the Defendant, barring any special circumstance, received credit card-price claims and credit card loan claims from the foreign exchange bank, to the Plaintiff (=20,402,539 Won 1,427,748 Won) and the principal amount of KRW 10,69,900 among them (=9,99,900 Won 70,000).

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