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(영문) 서울서부지방법원 2017.12.21 2017나3196
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 12 as to the cause of the claim, the defendant, around June 13, 1992, around November 20, 2001, was issued and used a credit card from Samsung Card Co., Ltd. on or around March 19, 202. From October 2003, the above company delayed to pay the card price (hereinafter "the card price") from Samsung Card Co., Ltd. on or around October 24, 2003; the above company transferred the credit card price claim of this case to the plaintiff on the same day; the defendant, around December 18, 2003, notified the defendant of the fact that the above credit card price of Samsung Card Co.,, Ltd. was transferred; the defendant, at the time of the above transfer; the defendant, at the interest rate of Samsung Card Co.,, Ltd. 2, 2005, at the interest rate of 205 won ; and the defendant, at the interest rate of Samsung Card Co. 25065 billion won, etc.

According to the above facts, the defendant's legal interest rate of 5,124,059 won (=7,709,059 won - 2,585,000 won) of the card price of this case from October 25, 2003 to August 9, 2007, which is the delivery date of a copy of the complaint of this case, 17% per annum as requested by the plaintiff, and from the next day to the day of full payment, Article 3 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, Article 2 (1) of the Addenda to the Regulations on Special Cases Concerning Legal Interest Rate of Article 3 (1) of the former Act, and Article 3 (1) of the former Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).

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