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(영문) 부산지방법원 2015.11.27 2015나40224
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering additional payment shall be revoked.

The defendant is against the plaintiff.

Reasons

1. The scope of the judgment in this Court: (a) the Plaintiff claimed the principal amount of KRW 13,458,00 and its delay damages that the Plaintiff acquired from the new card Co., Ltd.; and (b) the principal amount of KRW 1,393,442, and its delay damages that the Plaintiff acquired from the closed card Co., Ltd. were the instant lawsuit; and (c) the court of first instance accepted the claim for the said claim; and (b) dismissed the claim for the

Since the plaintiff appealed against this, the scope of the trial of this court is limited to the above claims.

2. Determination as to the cause of claim

A. The Defendant concluded a credit card use contract with Choung Bank on March 15, 2002, and used the credit card issued pursuant to the contract (hereinafter “instant credit claim”).

(2) On March 16, 2005, Choung Bank transferred the instant claim to a limited-liability company specializing in the securitization of the clinic. On June 21, 2013, the limited-liability company specializing in the securitization of the clinic was transferred the instant claim to the Plaintiff. On June 23, 2014, the Plaintiff notified the Defendant of the assignment of the said claim by content-certified mail, and the notification was delivered to the Defendant around that time.

3) At the time of August 13, 2014, the instant claims were remaining in KRW 1,393,442 as principal and interest and damages for delay, and KRW 3,441,757 as interest and damages for delay, and the agreed rate on the instant claims was 24.5% per annum. [In the absence of any dispute over the grounds for recognition, each entry in Gap 1, 4, 5, and 6 evidence, and the purport of the entire pleadings, as a whole.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 4,835,199, and the principal amount of KRW 1,393,442, delay damages calculated at the rate of 17% per annum from August 14, 2014 to the date of full payment.

3. According to the conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of partial different conclusions.

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