(영문) 대구지방법원 2015.05.08 2013나18354

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(영문) 대구지방법원 2015.05.08 2013나18354

양수금

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1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 1,998,975 and its payment from May 19, 2012.

Reasons

1. The plaintiff's assertion that the defendant entered into a credit card transaction agreement with the foreign exchange credit card company (hereinafter "foreign exchange credit card company") on September 8, 200 and did not pay 1,98,975 won of the credit card use price, although the defendant was engaged in credit transactions such as receiving cash service loans from the above company.

On March 7, 2003, foreign exchange credit cards were transferred to the defendant to a limited company specializing in the third asset-backed securitization (hereinafter "special purpose company"), and notified the defendant of the transfer of credit on April 24, 2003 of the same year. On March 23, 2004, the special purpose company transferred the above credit card user's claim to the plaintiff on the same year.

5. 31. The Defendant notified the Defendant of the assignment of claims.

Therefore, the defendant is liable to pay the plaintiff the above credit card user fee of KRW 1,998,975 and damages for delay.

2. The first instance court served both a complaint and a notice of date for pleading, etc. on the Defendant by public notice, but the appellate court served the Defendant with the petition of appeal, the statement of grounds for appeal, and the notice of date for pleading, and received directly by the Defendant or the Defendant’s spouse

However, since the defendant did not appear on the date of trial of the party, and did not submit a written reply and other preparatory documents, the defendant is deemed to have led to the confession of the plaintiff's assertion in accordance with Article 150 (3) and (1) of the Civil Procedure Act.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from May 19, 2012 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion. Thus, the plaintiff's appeal is accepted and the defendant's money is revoked and the judgment

참조조문

-민사소송법 제150조 제3항

-소송촉진 등에 관한 특례법

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