(영문) 서울중앙지방법원 2016.01.27 2015나37619

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(영문) 서울중앙지방법원 2016.01.27 2015나37619

양수금

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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 5,918,371 and 2,707 among them.

Reasons

1. The scope of the trial in this Court claimed against the defendant for the payment of each claim that the plaintiff received from Hyundai Capital, New Card, Korean Card, and National Card. The court of first instance dismissed part of the claim based on the claims asserted by the transferee from Hyundai Capital, Korean Card, and National Card and National Card.

This Court's judgment is limited to the claim for the credit card use fee, which is claimed to have been acquired from the new card rejected by the court of first instance.

2. Determination as to the cause of action

A. Facts 1) The Defendant did not pay the amount of the credit card that was used with a credit card issued by the new credit card (the credit card user fee in arrears was KRW 2,707,500 (the principal standard and interest interest separate) as of May 31, 2013).

2) On June 21, 2013, the new card was transferred to the Plaintiff on the part of June 21, 2013, and the Plaintiff was delegated by the new card and notified the Defendant of the assignment of the credit.

3) Meanwhile, as of July 15, 2014, the sum of the principal and interest on the Defendant’s obligation to pay the above credit card bills as of July 15, 2014 is KRW 5,918,371 (i.e., principal amount of KRW 2,707,500 and interest KRW 3,210,871). The overdue interest rate set by the Plaintiff’s rules within the scope of the agreed delay interest rate for the purchase claim is 17% per annum. [No. 5-2, A’s evidence 5-2, and No. 8 or 10

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the interest in arrears calculated at the rate of 17% per annum from July 16, 2014, which is the day following the above calculation base date to the day of full payment, with the total amount of KRW 5,918,371, and the principal amount of KRW 2,707,50.

3. Thus, the plaintiff's claim is justified, and the part against the plaintiff in the judgment of the court of first instance is so accepted.

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