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(영문) 서울중앙지방법원 2015.08.13 2015나778
양수금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. In the first instance trial, the Plaintiff sought the payment of the e-mail card usage price, which he acquired from the National Bank of Korea against the Defendant, and the credit card usage price which he acquired from the new card company. The court of first instance accepted the claim from the National Bank of Korea for the e-mail card use price which he acquired from the National Bank of Korea, and dismissed the claim from the remaining new card use price which was acquired by the credit card company.

Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim for the credit card use fee received from the above new credit card company.

2. Facts of recognition;

A. The Defendant was unable to pay KRW 1,661,960 as the credit card user fee liability, when it was used under a credit card use contract with a new credit card company after having concluded a credit card use contract with the new card company.

B. On June 21, 2013, the Plaintiff acquired the above claim from a new card company, and notified the Defendant of the transfer of the above claim on September 25, 2014 by the authority delegated by the new card.

C. As of June 26, 2014, the above claim remains in the aggregate of KRW 1,661,960, interest and delay damages, KRW 2,194,901, and KRW 3,856,861.

The Plaintiff applies the delay compensation rate of 17% per annum pursuant to Article 11 of the Regulations on the Management of Credit Counseling Fund Trustee within the scope of the initial agreed delay compensation rate between the Defendant and the new card company.

[Grounds for recognition] The items in Gap's evidence Nos. 1, 3 through 5, and the purport of the whole pleadings

3. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the assignee of the above claim, the interest of KRW 3,856,861 as well as the principal of KRW 1,661,960 as well as damages for delay calculated at the rate of 17% per annum from June 27, 2014 to the date of full payment.

4. Thus, the plaintiff's claim of this case is paid.

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