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(영문) 서울중앙지방법원 2015.07.08 2014나61806
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 6,044,509 and 2,81 among them.

Reasons

1. The scope of the trial at this court claimed against the defendant for the payment of each of the claims that the plaintiff acquired from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”), New Card Co., Ltd., National Bank of Korea, Samsung Card Co., Ltd., and Samsung Card Co., Ltd., and the court of first instance dismissed the claims that the plaintiff acquired from Hyundai Capital and accepted the remainder of claims.

Since the plaintiff appealed against this, the scope of the judgment of this court is limited to the claims that the plaintiff acquired from Hyundai Capital.

2. In full view of the purport of Gap evidence Nos. 1-3 and Gap evidence Nos. 7-1-4 and the whole arguments, the defendant purchased as a credit card holder of Hyundai Card Co., Ltd. (hereinafter "on-site card") on April 10, 200 and delayed the repayment of the credit card use price (including various cash services and ice ice ice singing services) from February 2009 while using a credit card issued from Hyundai Card, and the overdue interest rate is 27.9% per annum (hereinafter "the claim of this case"), Hyundai Card transferred the claim of this case to Hyundai Capital on August 6, 2009, and notified the defendant of the assignment of the assignment of the claim, and Hyundai Capital transferred the claim of this case to the plaintiff on December 28, 2001, without notifying the plaintiff of the assignment of the claim of this case on December 28, 2014 as the basis of the assignment of the claim of this case.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 6,044,509 won (=2,881,604 won 3,162,905 won) and damages for delay calculated at the rate of 17% per annum from February 11, 2014 to the date of full payment.

3. Conclusion

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