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(영문) 수원지방법원 2015.06.04 2014나40265
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff sought a payment of the Defendant’s loans, etc. against the Defendant, such as Korean card, lot Capital, mountain loan, loan to the Credit Business Association, corporate bank, and IBK Capital. The first instance court dismissed the claim on the credit received from the Korean card and accepted the remainder of the claim.

Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the part concerning the claims taken over from the Korean card.

2. Determination on the claims that were transferred from our cards

A. The gist of the cause of the claim is that the Plaintiff obtained a credit card subscription agreement with the Defendant on the credit card, and used the unpaid credit card as of May 31, 2013. The Plaintiff claimed that the amount of the credit card subscription agreement was the principal amount of KRW 4,490,463, overdue interest of KRW 1,983,097, and that the Plaintiff received it from the Korean card on June 21, 2013, and that the Plaintiff filed a claim against the Defendant for damages for delay calculated at the rate of 17% per annum from the date following the relevant base date as of November 24, 2013.

B. According to the statement in Gap evidence No. 6, although the defendant may have entered into an insurance contract with Korean card, it is not sufficient to acknowledge that the above facts of recognition and the statement in Gap evidence No. 1, 3, and No. 2-1 alone lead to the amount claimed by the plaintiff, and there is no other evidence to prove otherwise.

The plaintiff's claim for this part is rejected.

3. If so, this part of the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just with this conclusion, and the plaintiff's appeal is without merit.

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