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(영문) 서울동부지방법원 2015.01.28 2014나22477
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 66,289,921 and KRW 34,927,001 among the Plaintiff and the Plaintiff’s KRW 34,927,00 on December 2, 2013.

Reasons

1. Facts of recognition;

A. The Defendant entered into a credit card subscription agreement with Samsung Card Co., Ltd. on December 15, 1997, ② on June 16, 2000, ③ on January 18, 2001, and ③ on January 18, 2001 (the trade name was changed to El Branch Card Co., Ltd., Ltd., and ④ The Seoul Bank Co., Ltd. (the Han Card Co., Ltd. was merged into one bank around 2002, and around around 2009, one card Co., Ltd. was divided into one card Co., Ltd.) and received credit cards.

B. On June 21, 2013, the Plaintiff acquired each credit card-use claim against the Defendant due to the use of the said credit card from the Samsung National Card and the Han Card on June 28, 2013.

C. On August 11, 2014, the Plaintiff received delegation from each of the above companies with the authority to transfer claims, and submitted to this court a notice of assignment containing the fact of each of the above assignment in the documentary evidence of this case, which reaches the Defendant on December 19, 2014 by means of service by publication.

As of December 11, 2013, as of December 11, 2013, the Defendant bears the obligation of KRW 20,792,525 with respect to the use of Samsung Card (principal KRW 10,497,495, interest, etc.), KRW 8,694,383 (principal KRW 7,973,893, interest, etc.) with respect to the use of the National Card, KRW 22,815,679 (principal KRW 9,965,150, interest, etc.) with respect to the use of the New Card, KRW 13,987,334 (principal KRW 6,490,463, interest, etc.), and KRW 7,496,871,6829,929,9829, with respect to the use of the New Card.

E. The overdue interest rate of each credit card user’s debt is 17% per annum.

【Ground of recognition】 Evidence Nos. 1, 2, and 4-1 to 4, and 5-1, respectively, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant shall calculate the total sum of the remaining principal and interest to the plaintiff KRW 66,289,921 and the remaining principal and interest KRW 34,927,001.

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