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(영문) 서울중앙지방법원 2017.04.05 2016나69798
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. Facts of recognition;

A. On November 14, 2001, the Defendant subscribed as a credit card member to a new credit card company (former Cho Jae-gu) and used it with a credit card around that time. On June 21, 2013, the new credit card company transferred to the Plaintiff the credit card user’s claim against the Defendant.

B. On September 20, 2016, the Plaintiff received delegation of notification authority from a new card company, and notified the Defendant of the assignment of the above assignment.

C. As of May 30, 2016, the above claims that the Plaintiff acquired are KRW 22,167,483 in total, including the principal amount of credit card use charges of KRW 5,072,50 and overdue interest of KRW 17,094,983.

On the other hand, the overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on the purchased bonds is 17% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 22,167,483, and damages for delay at the rate of 17% per annum from May 30, 2016 to the date of full payment, except in extenuating circumstances.

B. The defendant's defense, etc. is a defense that the above credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit card's credit

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