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(영문) 서울중앙지방법원 2015.10.16 2015나30922
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 6,763,816 and 2,799 among them.

Reasons

1. Facts of recognition;

A. The Defendant joined the credit card holders of each credit card company (the name of the company omitted; hereinafter the same shall apply) as indicated in the following table as of each day, and received a credit card issued from each of the above financial institutions around that time, and used the credit card or borrowed the credit card (the so-called “the so-called card theory”).

The credit card company's credit card company's credit card company's credit card company's credit card company's credit card company's credit card 200,000 279,450,451 credit card's credit card's credit card 250,000 324,611 credit card's credit card on August 13, 2006 2,79,79,9103,963,963,906 credit card 4,906 credit card 4,35,904,906 credit card company's credit card company's credit card company's credit card company's credit card company's credit card company's credit card company's credit card company's credit card company's credit card company's 2,799,910 3,963,906 credit card's credit card company's credit card 4,35,904,603,603 credit card's credit card 187,474,35384

B. After that, for reasons such as merger, dissolution, division, or simple change of trade name, the EL branch credit card was a new credit card, foreign exchange credit card was a Korea Exchange Bank, and the NA branch credit card was changed to the Korea Exchange Bank.

C. On June 21, 2013, the new card, us, Samsung Card, and Korea Exchange Bank, respectively, transferred to the Plaintiff claims, such as the balance of credit card payments (including loans) held by them to the Defendant on June 21, 2013. On December 31, 2013, the Plaintiff notified the Defendant of the said transfer by way of content-certified mail.

As of May 24, 2014, the Plaintiff’s balance of the claim against the Defendant is as indicated in the above table, and the Plaintiff applies the delay compensation rate of 17% per annum within the scope of the initial agreed delay compensation rate between the Defendant and the financial institutions transferring the claim.

[Ground of recognition] Evidence Nos. 1, 4 through 9, Evidence Nos. 2, 3, and 4-2, and Evidence Nos. 3-2, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant's total amount of principal and interest of KRW 43,712,293 = Interest of KRW 18,67,434 in total, or interest of KRW 18,67,434 in total.

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