양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.The reduction of claims by this court.
1. Facts of recognition;
A. On July 20, 1999, EL branch card Co., Ltd. (hereinafter “EL branch card”) concluded a credit card use agreement with the Defendant and issued the credit card to the Defendant.
B. On June 21, 2002, the ELD Card entered into a exchange agreement with the Defendant, and loaned KRW 4,730,000 to the Defendant at an interest rate of 19% per annum, 24% per annum, and 24 months for the lending period.
C. On June 30, 2003, the El branch card transferred the credit card payment claim of KRW 4,730,00, interest KRW 389,344 against the Defendant (hereinafter “first claim”), principal KRW 8,03, interest KRW 7,040 to the Defendant (hereinafter “second claim”), and sent a notice of assignment of the credit to the Defendant on the same day.
The remaining principal of the claim of this case by November 15, 2007 is KRW 4,730,000, damages for delay is KRW 17,116,236, the remaining principal of the claim of this case is KRW 88,03, damages for delay is KRW 318,147, and damages for delay is KRW 24%, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including virtual number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant claim Nos. 1 and 2,252,416 (= KRW 17,116,236 KRW 88,03 KRW 318,147) and to pay damages for delay calculated at the rate of 24% per annum from November 16, 2017 to November 15, 2017 with respect to the principal amount of KRW 17,116,236 KRW 88,03 KRW 318,147 (= KRW 4,730,000) and the principal amount of KRW 4,818,033 (= KRW 4,730,000).
(A) The plaintiff argues that the defendant was not notified of the assignment of claims of the No. 1 and 2 of this case. However, the defendant can be deemed to have been notified of the assignment of claims in the course of the lawsuit of this case, so the defendant's allegation is without merit.
In addition, the defendant paid the card price to the EL card.