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(영문) 서울서부지방법원 2017.05.25 2016나38980
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1) and 1.

Reasons

1. The facts that there is no dispute between the parties to the judgment on the cause of the claim, and the entire purport of the pleadings in addition to the entries in Gap evidence Nos. 1 through 4, the defendant delayed to pay credit card proceeds (hereinafter “the credit card proceeds of this case”) while entering into a credit card transaction agreement with the National Bank Co., Ltd.; ② The National Bank of Korea transferred the credit card proceeds of this case to Solomon Mutual Savings Bank on September 21, 2004 and notified the defendant of the transfer of the credit card proceeds of this case as of December 8, 2004. The Solomon Mutual Savings Bank of Korea transferred the above claims to the plaintiff on April 26, 201 and notified the defendant of this fact as of May 26, 2011; ③ the credit card proceeds of this case as of June 23, 2015 to the defendant as of June 23, 2015; or ③ the credit card proceeds of this case as of June 7, 74,744, 8388 won.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay as to KRW 10,096,691 of credit card price and KRW 2,542,238 of the principal amount among them, as the Plaintiff seeks, 5% per annum under the Civil Act from May 12, 2016 to November 8, 2016, which is the date of the first instance judgment, for which it is reasonable for the Defendant to object to the scope of its obligation to pay damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

(2) The plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as there is no reason. The judgment of the court of first instance is justified. The plaintiff's claim of this case is justified. The plaintiff's claim of this case can be accepted within the scope of the above recognition.

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