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(영문) 서울중앙지방법원 2016.05.24 2016나5053
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff against the defendant who corresponds to the money ordered to pay the following additional amounts.

Reasons

1. The scope of the judgment in this Court claimed against the defendant for the payment of each claim that the plaintiff acquired from Solomon Mutual Savings Bank and Ethyman Loan Co., Ltd., and the court of the first instance dismissed the claim that the plaintiff asserted to have taken over from Ethyman Loan Co., Ltd., and cited the remainder.

Since the plaintiff appealed only to this issue, the subject of the judgment of this court is limited to the claim as to the claim that the court of first instance acquired the claim from the Teins Loan Co., Ltd. dismissed.

2. Determination as to the cause of action

A. (1) On March 28, 2003, Korea Exchange Bank Co., Ltd. issued a credit card to A at an interest rate of 19%, overdue interest rate of 29%, and the credit card payment obligation of A was jointly and severally guaranteed by the Defendant.

(2) The social company, a transferee of the above credit card payments, filed a lawsuit against A and the defendant as Busan District Court Branch 2006Gaso26539 against A and the defendant, and the decision of performance recommendation to the defendant was finalized on March 28, 2006.

(3) On November 1, 2010, 2010, Tyman Loan Co., Ltd. transferred the above claim to the Plaintiff around April 30, 2012. The transferor notified the fact of the transfer of claim by the time of the above transfer date.

(4) Meanwhile, as of April 15, 2015, the balance of the above claim is KRW 16,495,182, and the principal is KRW 4,906,104.

[Ground of recognition] Evidence No. 1-3, Evidence No. 2-3, Evidence No. 3-3, Evidence No. 6, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is jointly and severally liable with co-defendant A of the first instance trial to pay damages for delay calculated at the rate of 17% per annum to be claimed by the plaintiff within the limit of the rate of damages for delay of the contract from April 16, 2015 to the date of full payment, with respect to KRW 16,495,182 and the principal amount of KRW 4,906,104 among them.

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