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(영문) 서울중앙지방법원 2015.11.04 2015나2156
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.

The defendant.

Reasons

1. The plaintiff sought payment of the credit card price claim against the defendant from Hyundai Capital, Mutual Savings Bank, Gyeonggi Savings Bank, SBI Savings Bank, Solomon Savings Bank, Solomon Savings Bank, and Nonghyup Bank. The court of first instance rejected the claim on the credit card price claim from Hyundai Capital, Modern Savings Bank, Gyeonggi Savings Bank, Gyeonggi Savings Bank, SBI Savings Bank, and Nonghyup Bank, and the credit card price claim from Solomon Savings Bank (i) the principal amount, 43, 462 won, the attempted interest, 3,590,82 won, the credit card price claim from Solomon Savings Bank, (ii) the principal amount, 1,88,48, 483 won, the attempted interest, 5,533,801, and (iii) the principal amount, 2,432,15 won, the attempted interest, 6,419, and 819).

For this reason, the Plaintiff appealed against only the part concerning the credit card use-price claim stated in the above paragraph (2). Thus, the subject of the judgment of this court is limited to the claim for credit card use-price claim, which is the cause of the Plaintiff’s acquisition from the Solomon Savings Bank, of the principal amount 1,88,483 won, attempted interest 5,533,801.

2. Determination as to the cause of claim

A. The facts of recognition 1) The Defendant did not pay the credit card amount while having been used with the credit card (CASH flus card) issued by the Choung Bank. As of October 31, 2003, the credit card amount ( principal) in arrears was KRW 2,203,453. 2) On September 18, 2003, Choung Bank transferred the above credit card payment claim against the Defendant to Solomon Savings Bank, and notified the Defendant of the assignment of the above credit amount on December 31, 2003.

3) On December 10, 2010, the Solomon Savings Bank once transferred the credit card-use claim to the Plaintiff. On May 4, 2011, the Plaintiff notified the Defendant of the assignment of credit as delegated by the Solomon Savings Bank. Meanwhile, the principal and interest of the credit card-use claim as of June 5, 2014.

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