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(영문) 서울동부지방법원 2015.08.21 2015나21624
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 19,767,391 among the Plaintiff and KRW 4,950,938 among the Plaintiff, February 14, 2014.

Reasons

1. The following facts are acknowledged in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 5, which are significant in this Court, or the whole purport of the arguments.

A. On April 21, 2001, the Peace Card Co., Ltd. issued a “on-site automobile card” to the Defendant, which is the card number B, and the Defendant delayed payment of the credit card amount of KRW 4,950,938 while using the said credit card.

(B) A post peace card Co., Ltd. was absorbed into our credit card Co., Ltd.

On October 25, 2003, the Korean Credit Card Co., Ltd. filed a lawsuit against the Defendant claiming the above credit card price of KRW 4,950,938 and damages for delay (Seoul District Court Decision 2003Gaso438). The above court rendered a judgment in favor of the Plaintiff that “the Defendant shall pay to the Plaintiff 5,430,354 won and 4,950,938 won with interest of KRW 20% per annum from August 12, 2003 to the day of full payment,” which became final and conclusive at that time.

C. On June 21, 2013, Korea Credit Card Co., Ltd. transferred the credit card payment claim to the Plaintiff, and the Plaintiff was delegated with the power of notification of the assignment of claims by Korea Credit Card Co., Ltd. and notified the Defendant of the fact of the transfer of the credit card payment claim by mail around March 31, 2014.

The credit card price claim is 14,221,527 won for overdue interest accrued until May 30, 2013 as of February 13, 2014 when the principal amount of KRW 4,950,938 is remaining, and the overdue interest accrued from May 30, 2013 to February 12, 2014 is 594,926 won for overdue interest accrued from May 31, 2013 to February 12, 2014 (total principal amount of KRW 19,767,391 = principal amount of KRW 14,950,938 overdue interest of KRW 14,221,527 overdue interest of KRW 594,926). The interest rate applied by the Plaintiff to the credit card price claim is 17% per annum.

2. According to the above facts of determination, the Defendant, the obligor, shall pay the Plaintiff the total amount of KRW 19,767,391, and the principal amount of KRW 4,950,938.

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