양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In full view of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 4 (the plaintiff did not prepare the evidence No. 1, and it can be acknowledged that the authenticity has been established as seen thereafter, the plaintiff's above assertion is without merit) and the defendant obtained a credit card from C (the trade name D after the change) and used it, the defendant transferred the credit card user's claim to E Co., Ltd. on October 31, 2003 (the trade name F Co., Ltd. after the change), and notified the defendant of the transfer of the above credit card user's claim, the F Co., Ltd. transferred the credit card user's claim to the plaintiff on June 15, 201, and notified the defendant of the transfer of the above credit card user's claim to the defendant on May 25, 2016, the fact that the principal and interest of the credit card user's credit card was total 15,635,212 won, and the principal was 4,6464,529.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from May 19, 2016 to the day of full payment, as to the total amount of KRW 15,632,212 and the principal amount of KRW 4,646,529, which is the day following the delivery of a copy of the instant complaint.
2. The defendant's assertion argues that the defendant cannot respond to the plaintiff's request because the defendant did not have prepared an application for membership of the credit card member and did not use the above credit card.
Of the evidence No. 1 (written application for membership of a credit card), there is no dispute between the parties as to whether the defendant's seal is based on the seal of the defendant. Since the entire evidence No. 1 is presumed to have been prepared according to the defendant's intention, the defendant should be deemed to have used the above credit card.
Therefore, the defendant's above assertion is without merit.
3. Thus, the plaintiff's claim shall be accepted for the reasons, and the judgment of the court of first instance shall be delivered with this conclusion.