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(영문) 서울중앙지방법원 2016.10.31 2016나48258
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 48,953,783 and KRW 12,828,753 among the Plaintiff and the Plaintiff’s KRW 12,828,753 on December 2015.

Reasons

In full view of the purport of the arguments stated in Gap evidence Nos. 1 through 6, the defendant approved the Credit Card Member Regulations of the National Bank at the time of non-date and paid damages for delay pursuant to the above bank interest rate set by the above bank. Since the defendant did not pay the above credit card use fee, the above bank transferred the above credit card to a limited liability company specializing in siren-backed securitization on February 25, 2003, and the above assignment of the credit was notified to the defendant. The above limited liability company applied the above 12,758,693 won in arrears as of December 6, 2005 to the defendant as Seoul Central District Court 2005Da5950, and the above 23,357,486 won in total and damages for delay (24% per annum) to the defendant, and the above 205, 201, 305, 205, 206, 205, 16, 208, 206, 206, 15, 26, 26, etc.

According to the above facts, the Defendant is obligated to pay the Plaintiff the total amount of KRW 48,953,783 and the principal amount of KRW 12,828,753 as well as damages for delay calculated at the rate of 17% per annum from December 17, 2015, which is the day following the above calculation base date to the day of complete payment.

Thus, the plaintiff's claim of this case was filed in order to prevent the completion of extinctive prescription immediately before ten years elapse from the date of the above judgment.

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