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(영문) 부산지방법원 2017.05.10 2016가단349873
양수금
Text

1. The defendant shall pay to the plaintiff KRW 23,955,398 as well as 17% per annum from October 25, 2003 to December 17, 2006, and December 18, 2006.

Reasons

In full view of Gap evidence No. 1, Gap evidence No. 2, and the purport of the whole pleadings, (1) the defendant entered into a credit card use contract with Samsung Card Co., Ltd. on January 22, 199 and did not pay KRW 23,95,398, and (2) Samsung Card Co., Ltd. transferred the above card payment claim against the defendant to El Branch Investment Securities Co., Ltd. on October 24, 2003, El branch Investment Securities Co., Ltd. again transferred the above claim to the plaintiff. (3) The plaintiff filed an application for payment order against the defendant as of September 21, 2006 with the plaintiff as of September 21, 2006, the court below acknowledged that "the defendant did not deliver the above card payment claim to the plaintiff from October 25, 2003 to the date of service of the order of this case, and that the defendant did not pay damages for delay by 20% from the next day to the date of service of this case."

According to the above facts, the defendant is obligated to pay to the plaintiff 23,955,398 won and damages for delay calculated at the rate of 17% per annum under the above payment order from October 25, 2003 to December 17, 2006, 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 18, 2006 to September 30, 2015, and 15% per annum under the same Act from October 1, 2015 to the day of full payment.

Although the defendant asserts that it is difficult for the hospital to be infinite due to hospital expenses, the above argument does not affect the existence, scope, execution period, etc. of the defendant's obligation to pay the above money to the plaintiff.

The plaintiff's claim is justified and accepted as a whole.

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