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(영문) 서울중앙지방법원 2016.06.16 2015나68132
양수금
Text

1.The judgment of the first instance shall be modified as follows:

Within the scope of the property inherited from the network D.

Reasons

1. Facts of recognition;

A.D entered into a credit card subscription agreement with the Industrial Bank of Korea on May 3, 1995 and was used by credit card holders.

B. On May 27, 2008, the Industrial Bank of Korea transferred the credit card payment claim to the Plaintiff on June 27, 2008, the Hanman Investment Co., Ltd., in succession.

C. As of May 28, 2014, the credit card price claim remains a total of KRW 10,307,190 ( principal amount of KRW 3,305,728 and delay damages amount of KRW 7,001,462).

D As of December 15, 2004, Defendant A and his/her children, the spouse, succeeded to the obligations of Defendant B and C. On November 19, 2015, the Defendants filed a petition for the adjudication on qualified acceptance with Seoul Family Court 2015 Madan1105, and received the said judgment from the said court on March 31, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above findings of determination, Defendant A is obligated to pay the Plaintiff KRW 4,417,368 (i.e., KRW 10,307,190 x KRW 3/7) and KRW 1,416,742 (i.e., KRW 3,305,728 x 3/7). Defendant B and C are obligated to pay damages for delay calculated by the following day of January 23, 201 with respect to each of the following day after the due date with respect to the existence and scope of the obligation to perform the obligation to perform the obligation to the Plaintiff by 2,94,911 (=10,307,190 x 2/7) and 94,493 (=3,305,728 x 2/7) from January 23, 2015 to June 16, 2016.

3. Thus, the plaintiff's claim against the defendants is justified within the above scope of recognition and the remaining claim is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with some different conclusions, it is so decided as per Disposition by the court of first instance to revise the above judgment.

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