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(영문) 서울중앙지방법원 2015.10.08 2015나716
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 23,270,898 and 7,360 among them.

Reasons

1. In the first instance trial, the Plaintiff sought payment of each of the claims that he/she acquired from the Defendant from Tynish Loans, Kyky Mutual Savings Banks. The court of the first instance accepted only a claim based on the claims that he/she acquired from Tynish Loans, and dismissed a claim based on the remaining claims for acquisition.

Since only the plaintiff appealed against this issue, the subject of this Court's judgment is limited to the claim based on each of the claims acquired from the above lot card, our card, and Sky Mutual Savings Bank.

2. Facts of recognition;

A. On April 2002, the Defendant concluded a credit card subscription agreement with us and used the credit card with us, and issued the credit card. ② The Defendant entered into a credit card subscription agreement with sky mutual savings bank (the mutual savings bank at that time) and used the credit card with sky mutual savings bank (the mutual savings bank at that time) within the limit of KRW 2,00,000, and entered into a loan agreement with usky mutual savings bank (the mutual savings bank at that time) to repay the excess amount as the principal of the loan

(hereinafter referred to as "as". (1), (2), (3) Bonds. (b)

As the Defendant delayed the repayment of principal and interest of each of the above claims, ① claims were transferred to each of the Plaintiff on June 21, 2013, ② claims and ③ claims were transferred to each of the Plaintiff on June 28, 2013, and each of the Defendant was notified of the assignment of claims on June 23, 2014.

C. As of October 28, 2013, ① the balance of the principal and interest of claims is KRW 12,343,723 (i.e., the principal and interest of KRW 3,172,628 or delay damages of KRW 9,171,095). ② the balance of the principal and interest of claims is KRW 7,411,812 (i.e., the principal and interest of KRW 1,886,950 or delay damages of KRW 5,524,862). ③ The balance of the principal and interest of claims is KRW 3,515,363 (i.e. the principal and interest of KRW 2,301,300 or delay damages of KRW 1,214,063). The overdue interest rate set by the Plaintiff is KRW 17% per annum within the agreed interest rate of each claim.

[Reasons for Recognition] Each entry of Gap evidence Nos. 5 through 11 (including paper numbers), the purport of the whole pleadings

3. The board;

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