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(영문) 서울중앙지방법원 2017.12.15 2017나10908
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact of recognition was that the Defendant entered into a contract for the use of a credit card with Samsung Branch on April 3, 1997 (hereinafter referred to as “stock company”) and the company bank on November 6, 2001, and each credit card contract with Samsung Branch on March 12, 2002, and received and used the credit card under each of the above contracts.

On September 30, 2003, EL branch cards transferred credit cards to the Korea Asset Management Corporation, and notified the Defendant of the transfer at that time.

On May 13, 2005, the Plaintiff acquired each credit card price claim and the credit amount acquired from the Enterprise Bank, Samsung Card, and the Korea Asset Management Corporation against the Defendant, and notified the Defendant of the fact that the Plaintiff was delegated with the notification authority of the assignment of claims from the above transferor on the same day.

(C) The amount of principal and interest of each of the instant claims as of September 16, 2007, KRW 1,927,777,651, KRW 27,67,651, KRW 48,628, KRW 17,431,628, KRW 37, KRW 37,529, KRW 4,610, KRW 610,854, KRW 1,928, KRW 473, KRW 6,539, KRW 327, Samsung Samsung Card 2,791, KRW 237, KRW 1,707, KRW 47, KRW 49, KRW 114, KRW 21,067, KRW 651, KRW 48,707, KRW 370, KRW 370.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. Judgment on the cause of the claim

A. According to the facts of recognition, the Defendant is obligated to pay to the Plaintiff the acquisition amount of KRW 48,707,370 and the principal amount of KRW 27,639,719, barring special circumstances, for delay from September 17, 2007 to the date of full payment.

B. In addition, the Plaintiff asserts that the Plaintiff acquired the credit card payment and the credit loan claim arising from the credit card use contract and the credit card loan loan contract concluded between the Defendant and the Defendant from the national card, and sought payment of the acquisition amount of KRW 22,665,474 as well as delayed payment damages for the principal amount of KRW 11,464,50 as well. However, the Defendant’s credit card payment claim and the loan claim against the Defendant of the national card are the Plaintiff.

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