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(영문) 서울중앙지방법원 2019.12.11 2019나42176
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 15,965,479 and KRW 3,665,147 among the Plaintiff, as to April 17, 2019.

Reasons

1. Facts of recognition;

A. The Defendant obtained credit cards from C Co., Ltd. (hereinafter “C Bank”) and used them for other companies.

B. On September 14, 2005, C Bank transferred to D (former: E) a credit card use-price claim against the Defendant.

D) A judgment of June 18, 2009 that "the defendant shall pay to D 9,173,892 won and 3,665,147 won a year of 20% from June 12, 2009 to the date of full payment" filed a lawsuit against the defendant (Seoul Central District Court 2009da13435555) to the effect that "the defendant shall pay 9,173,892 won and 3,665,147 won a year from June 12, 2009 to the date of full payment." The above judgment was finalized on July 21, 2009.

C. D on October 20, 2010, transferred the credit card payment claim to F, and F re-transfer this claim to the Plaintiff on December 30, 2013.

As of September 6, 2018, the amount of claims calculated according to the above final judgment is KRW 15,965,479 (i.e., principal amount of KRW 3,665,147 or delay damages of KRW 12,30,332, as the plaintiff seeks, the amount of claims calculated according to the above final judgment was calculated at 15% per annum within the scope of 20% per annum, which is the interest rate of delay damages under the above final judgment.)

[Grounds for recognition] The descriptions of Gap evidence Nos. 1-5 and the purport of the whole pleadings

2. According to the judgment and the facts established as above, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at 15% per annum from April 17, 2019 to May 31, 2019 and 12% per annum from the following day to the day of full payment, as the Plaintiff seeks, within 20% per annum, which is the interest rate for delay damages under the above final judgment.

In addition, the lawsuit of this case brought for the purpose of interrupting extinctive prescription prior to the lapse of 10 years from the time the above final judgment became final and conclusive, has the benefit of protecting rights.

The plaintiff's claim is justified.

The judgment of the court of first instance is unfair with different conclusions, and thus, the plaintiff's appeal is accepted and the judgment of the court of first instance is accepted.

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