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(영문) 서울중앙지방법원 2015.09.15 2015나33334
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering additional payment is revoked.

The defendant.

Reasons

1. The plaintiff filed a claim for the principal amounting to KRW 28,795,787 and its delay damages, ② the principal amount of KRW 1,977,240 and its delay damages that was acquired from the new card, ③ the principal amount of KRW 933,345 and its delay damages that was acquired from the new card, ④ the principal amount of KRW 8,192,828 and its delay damages that were acquired from the national card, ⑤ the principal amount of KRW 4,458,401 and its delay damages that were acquired from the Samsung Card, ⑤ the principal amount of KRW 4,458,401 and its delay damages that were acquired from the Samsung Card, ⑤ the principal amount of KRW 4,387,449 and its delay damages that were acquired from the Foreign Exchange Bank, and ② the court of first instance or the court of the first instance rejected the claim as to the above claim, and ④ the plaintiff's appeal is limited to the above part of the claim.

2. In full view of the evidence No. 1-1, 2-1, and 11-1 of the evidence No. 1-2 of the judgment on the cause of the claim, the defendant is obligated to pay to the plaintiff the agreed damages for delay calculated at the rate of 17% per annum from July 15, 2014 to the date of full payment, since the whole purport of the pleadings is recognized as identical to the statement on the cause of claim No. 1,197,064 won and 67,610 won among them.

Thus, the plaintiff's claim is reasonable, and it will be accepted.

Since the judgment of the first instance court is unfair in some different conclusions, the plaintiff's appeal is accepted and the payment of the above recognized amount is ordered.

(81,326,286 won in Section 1(a) of the order of the court of first instance is obvious that "85,826,286 won" is a clerical error, and such correction is made).

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