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Reasons
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(영문) 서울동부지방법원 2015.02.06 2014나22620
양수금
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1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 14,38,34 and KRW 7,874,758 among the Plaintiff’s KRW 14,38,34 and the Plaintiff’s KRW 7,758 on December 12, 2013.

Reasons

1. Determination on the cause of the claim

A. 1) The Defendant received a credit card loan from the Hyundai Card Co., Ltd. after obtaining the credit card, but failed to pay the loan. On May 2009, Hyundai Card Co., Ltd transferred the credit card payment claim against the Defendant to Hyundai Capital Co., Ltd. and notified the Defendant of the fact of transferring the credit card payment.

B) The Defendant did not pay the price by obtaining a credit card from the National Card Co., Ltd. and Samsung Card Co., Ltd. (C). The Defendant borrowed KRW 5 million from the National Bank, but failed to pay the price.

2) Each financial institution mentioned in the foregoing paragraph (a) assigned the Defendant’s obligation and the assignment of the obligation to the Defendant at the following date, and the Plaintiff, who was authorized to notify the transferor of the assignment of the obligation, notified the Defendant of the assignment of the obligation on June 10, 2014.

B) As of December 11, 2013, the amount of the Defendant’s unpaid repayment as of December 11, 2013 is as follows. 17% per annum as determined by the Plaintiff is lower than the overdue interest rate as determined by each financial institution under paragraph (a). The interest accrued from the remainder of the loan (principal) at the transfer financial institution on December 28, 201, 197, 617, KRW 81 won on June 21, 2013, the National Card 81 won on June 21, 2013, KRW 900,66, KRW 365,730 won on June 28, 2013, KRW 1,380, KRW 1,380, KRW 1322,870, KRW 875, KRW 785, KRW 785, KRW 7475,7575, Jul. 27, 2013; the purport of the Defendant’s Bank was 7.

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the assignee of the claim, 14,38,334 won (7,874,758 won +6,513,576 won) and damages for delay calculated at the rate of 17% per annum, which is the interest rate for the Plaintiff from December 12, 2013 to the date of full payment.

2. Conclusion, the plaintiff's claim of this case is justified, and it is accepted.

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