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(영문) 서울중앙지방법원 2015.06.30 2014나64874
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below is revoked.

Reasons

1. Facts of recognition;

A. Our card Co., Ltd. (at that time, trade name was Korea Credit Card Co., Ltd.; hereinafter “Korea card”) filed a lawsuit against the Defendant claiming the amount of credit card payments (Seoul District Court Decision 2003 Ghana23101).

Our card was issued on November 7, 2003, “The Defendant shall pay 15,109,456 won to our card and 14,478,431 won with interest of 24% per annum from August 15, 2003 to the day of full payment.”

(hereinafter referred to as “instant claim”). This judgment became final and conclusive around that time.

B. On June 21, 2013, our card transferred the principal and interest of the instant claim to the Plaintiff on May 31, 2013.

On December 31, 2013, the Plaintiff notified the Defendant of the assignment of claims by way of content-certified mail by acting on our card.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant is obligated to pay to the plaintiff 50,294,026 won [1] interest and delay damages incurred before August 15, 2003 (2) the principal of the claim of this case and damages for delay incurred before August 15, 2003 (34,024,709 won [14,478,431 won x (289/365 days) 】 24% per annum x (444% per annum x (24% per annum 289/365) x (4%) 1,59,161 won per annum from May 31, 2013 to November 18, 2013; and 631,025 won (i.e., interest and delay damages incurred before August 15, 2003) 】 34,024,7148/137 of annual damages for delay from August 13, 2014, 2017

B. The Plaintiff asserts that interest and delay damages incurred until May 30, 2013 were KRW 40,513,331, but there is no evidence to acknowledge it.

The plaintiff's assertion on this part is without merit.

3. Judgment on the defense

A. The Defendant’s employees in charge of the Plaintiff’s assertion are the Defendant around October 2013.

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