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(영문) 서울중앙지방법원 2017.11.10 2016나63028
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Determination on the cause of the claim

A. The following facts can be acknowledged by integrating the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 5:

1) Samsung Card Co., Ltd. (hereinafter “Thosung Card”)

A) On February 28, 1994, around February 28, 1994, a credit card use contract was concluded with D (hereinafter “instant credit card use contract”).

(2) On April 28, 1997, D used Samsung Card’s credit card from Samsung Card under the above contract (hereinafter “EL Card”) and loaned KRW 5,459,884 to D on April 17, 200 as loans extended to D on April 17, 200.

(2) On October 2, 1997, 467,302 won was designated and extended to D on October 2, 1997 (hereinafter “the first loan”) to D and as of September 26, 1999 (hereinafter “the second loan”).

(4) On May 13, 2005, the Plaintiff acquired each of the claims under the instant credit card use contract from Samsung Card and the claims under the instant first and second loans from El Branch Card, and notified D of the fact that the Plaintiff was delegated with the power to notify the assignment of claims from Samsung Card and El Branch Card on the same day.

(2) As of October 26, 2015, the amount of each of the instant claims as of October 26, 2015, D agreed that the rate of delay damages between Samsung Card and Samsung Card at the time of the instant credit card use agreement and the instant first, second and second loans shall be in accordance with the terms and conditions. Accordingly, as of October 26, 2015, the Plaintiff’s interest rate on each of the instant claims is 17% per annum. (i) As of October 26, 2015, the amount of each of the instant claims is 36,810,062 won in total (i.e., the principal amount of KRW 8,152,240, interest rate of KRW 28,657,822).

The sum of principal and interest and damages for delay of the credit card contract of this case shall be 25,054 won.

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