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(영문) 서울북부지방법원 2015.08.18 2015나30242
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 2,199,772 and 1,529 among them.

Reasons

1. The plaintiff sought against the defendant the payment of the claims that he/she acquired from the promotion mutual savings bank, the citizens' card (hereinafter "national card"), the new bank, the Han Card Co., Ltd., and the Korean National Bank. The court of first instance dismissed the claims that the plaintiff acquired from the national card and accepted the remainder of the claims.

Since the plaintiff appealed against this, the scope of the judgment of this court is limited to the claims that the plaintiff acquired from the national card.

2. Determination on the cause of the claim

A. (1) On October 15, 2002, the national card loaned 4,410,000 won to the Defendant at an annual interest rate of 19% per annum, 24% per annum, and the lending period of 24 months.

(2) On June 21, 2013, the Plaintiff acquired the claim for the above loan from the national card and delegated the right to notify from the national card, and notified the Defendant of the transfer of the above credit around March 31, 2014.

(3) As of June 4, 2014, the balance of the principal and interest of the above loan is KRW 2,199,772 (= Principal KRW 1,529,309 or delay damages KRW 670,463).

(4) The overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on the above loan obligation is 17% per annum.

[Ground of recognition] Evidence Nos. 1-2, Gap evidence Nos. 2, 3, 4, and 9, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from June 5, 2014 to the day of full payment, as to the principal amount of KRW 2,199,772 and the principal amount of KRW 1,529,309, which is the following day of the above basic date.

3. Thus, the plaintiff's claim of this case is accepted with merit, and since the part against the plaintiff in the judgment of the court of first instance is unfair with a different conclusion, it is revoked by accepting the plaintiff's appeal, and it is ordered to additionally order the defendant to pay the above amount.

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