logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.24 2015나39288
양수금
Text

1. The part against the defendant in the judgment of the first instance, including the plaintiff's claim expanded in the trial, is as follows:

Reasons

1. In the first instance court, the Plaintiff filed a claim against the Plaintiff for a credit card loan and credit card usage claim that the Plaintiff acquired from a financial institution specified in the following table. The principal and interest of the loan will be as of August 8, 2014. The court of first instance accepted only the claims Nos. 1, 2, 4, and 5 in the table below, and dismissed only the remaining claims Nos. 3, and only the Plaintiff appealed against it. Thus, the subject of the judgment of this court is limited to the above claims No. 3.

The card loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan

2. Determination as to the cause of action

A. Basic facts (1) The Defendant agreed to use Samsung Card Co., Ltd. with a credit card issued from Samsung Card Co., Ltd. to follow the overdue interest rate set by the said Company.

(2) On February 6, 2006, Samsung Card Co., Ltd.: Solomon Mutual Savings Bank; on December 10, 2009, the said savings bank transferred the Defendant’s credit card use payment claim in sequential to the Plaintiff; and each notification was given to the Defendant around each transfer.

(3) The interest rate on the overdue payment for the credit card use payment determined by Samsung Card Co., Ltd. is 17% per annum, and as of April 11, 2016, the Defendant’s principal and interest on the Defendant’s obligation is 21,051,95 won (= principal amount6,801,526 KRW 14,250,469).

[Ground of recognition] Facts without dispute, Gap evidence 2-2, Gap evidence 3-2, Gap evidence 6-2, Gap evidence 9, 11, Eul evidence 1 and 2, and the purport of the whole pleadings

B. According to the above facts of recognition, the Plaintiff is the user of the credit card.

arrow