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Reasons
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(영문) 서울동부지방법원 2015.09.04 2014나24893
양수금
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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

The defendant shall pay to the plaintiff KRW 5,130,716 and KRW 3,109,672 among them.

Reasons

1. The plaintiff's scope of a party member's trial: (a) the principal amount of KRW 9,90,541 and its delay damages that the plaintiff acquired from the new card; (b) the principal amount of KRW 4,820,326 and its delay damages claims that the defendant acquired from the national card; (c) the principal amount of KRW 505,798 and its delay damages claims that the plaintiff acquired from Samsung Card; and (d) the principal amount of KRW 3,109,672 and its delay damages claims that the plaintiff acquired from Chungcheong Agricultural Co., Ltd.; and (e) the court of first instance accepted the above claims; (ii) the claims; (iii) the claims; and (iv) the claims were dismissed; and (d) the plaintiff appealed only against them;

2. Determination on the cause of the claim

A. The following facts are acknowledged in full view of each of the statements in Gap evidence Nos. 8 through 12, and the purport of the entire pleadings.

(1) Around October 8, 2002, the Defendant began to pay the credit card price in arrears while obtaining a credit card from the Chungcheong Agricultural Co., Ltd. and using it.

(2) On June 28, 2013, the Chungcheong Agricultural Co., Ltd. transferred the above bonds (principal principal KRW 3,109,672 and delay damages) to the Plaintiff. On October 28, 2014, the Plaintiff notified the Defendant of the transfer of the above bonds by content-certified mail upon delegation of the transferor’s authority to notify the Defendant.

(3) The Plaintiff applied the interest rate of 17% per annum on the said claim. As of January 12, 2014, the principal amount of the said claim is KRW 3,109,672, and the interest accrued until January 12, 2014 on the said principal amount is KRW 2,021,044.

(total 5,130,716 won). (b)

Judgment

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff, a transferee, the total amount of KRW 5,130,716 and the principal amount of KRW 3,109,672, the delay damages calculated at the rate of 17% per annum from January 13, 2014 to the date of full payment, which is the day following the above base date.

3. The plaintiff's claim for this part is justified.

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