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(영문) 서울중앙지방법원 2016.10.12 2016나294
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. In the first instance trial, the Plaintiff sought payment of the claim against the Defendant from Hyundai Capital, New Card, National Card, Samsung Card, Samsung Card, and Korea Standards D&C. The court of first instance dismissed the claim based on the claim that it acquired from Hyundai Capital, New Card, and Samsung Card, and dismissed the claim based on the claim that it acquired from the National Card, Korean Standards, and Korean Standards.

In this regard, the plaintiff only appealed on the claim based on the national card that was acquired from the national card, so the subject of the judgment of this court is limited to the claim based on the national card that was rejected by the court of first instance.

2. Facts of recognition;

A. The Defendant was in arrears using the KB National Card issued by the National Card, and the amount of the usage was in arrears. The amount of the credit card used in arrears as of November 10, 2014 is the principal amount of KRW 9,753,454, interest amount of KRW 2,398,548,548.

(hereinafter referred to as “first claim”). (b)

The Defendant, while using KBC card from the national card, did not pay the amount of the credit card usage fee. The amount of the credit card usage fee in arrears as of November 10, 2014 is the principal amount of KRW 6,889,666, the interest of KRW 1,694,291.

(hereinafter referred to as “second-party claim”). (A) Claim for Use of the Credit Card in this case, including Claim 1 and Claim 2, shall be referred to as “claim for Use of the Credit Card.”

On June 21, 2013, the national card transferred to the Plaintiff the instant credit card user’s claim against the Defendant. On June 23, 2014, the Plaintiff notified the Defendant of the assignment of claim with the delegation from the national card.

The overdue interest rate determined by the plaintiff's business regulations within the scope of the delay interest rate of the purchase bonds is 17% per annum.

[Ground of recognition] Unsatisfy, Gap evidence 2 and 3, Gap evidence 3 and Gap evidence 4-3 and 4-4, fact-finding results on the national card, the purport of the whole pleadings

3. The assertion and judgment

A. According to the above facts of recognition, the defendant shall be the plaintiff.

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