양수금
1. The appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim: the defendant.
1. The facts of the claim (1) around July 25, 2001, the defendant entered into a credit card use contract with Samsung Card Co., Ltd. and received credit card services from around that time. On May 31, 2002, the defendant did not pay the credit card use amount of KRW 4,547,839 from around May 31, 2002, and the Samsung Card Co., Ltd sought payment against the defendant of the above overdue payment claim (hereinafter "the above claim of this case"). The Samsung Card Co., Ltd. requested payment of the above overdue payment claim of KRW 2002Gab27847, Suwon District Court Decision 2002Gab27847 (hereinafter "the above claim of this case"), and it was decided in favor of the above court on April 9, 2003. ③ The Samsung Card Co., Ltd transferred the claim of this case to the plaintiff on the same day, and there is no evidence of the dispute between Samsung Card Co., Ltd. and the parties to the claim of this case.
2. (1) According to the above facts of recognition as to the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of KRW 4,547,839 of the instant claim amount and KRW 20% per annum from October 25, 2003 to June 9, 2012, the delivery date of a copy of the application for the instant payment order (the original copy of the payment order was not served to the Defendant due to the addressee’s unknownness) from October 25, 2003, which is within the agreed interest rate and KRW 17% per annum sought by the Plaintiff, from the next day to the day of full payment, and the provisions on statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).
(ii).