양수금
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.
1. Facts of recognition;
A. On October 8, 2003, the Defendant borrowed 8 million won from the new card (Gu. EL card) under the name of card loan from the due date set at 22.5% per annum. Around January 1999, the Defendant received a credit card from the new card and used the credit card respectively from the Samsung Card around July 10, 200.
B. Around April 10, 2009, a new card transferred its credit card loans and credit card bills to the Plaintiff, and around that time, notified the Defendant of the assignment of the said credits.
Samsung Card transferred its claim for the use of the above card to Solomon Mutual Savings Bank on or around February 6, 2005, and Solomon Mutual Savings Bank transferred its claim to the Plaintiff on or around December 2, 2009, and notified the Defendant of the assignment of the above claim at each time.
C. According to the Plaintiff’s business regulations on the management of the credit recovery fund consignment claim, the Plaintiff is obliged to apply 17% per annum to the agreed interest rate of the purchase claim within the original limit of the agreed interest rate for arrears.
As of November 20, 2014, the sum of the Defendant’s loans and credit card use-price obligations is KRW 36,393,397 (i.e., principal interest of KRW 11,378,550) (i.e., interest of KRW 25,014,847). A [Grounds for Recognition] 1 through 5, and the purport of the entire pleadings.
2. Determination
A. According to the above facts of recognition, the defendant is obligated to pay the sum of each of the following paragraphs (1) through (3) to the plaintiff who acquired each of the new card and Samsung Card's bonds.
1) The portion of credit card loans: (a) the amount of interest on the principal and interest of KRW 21,203,677 and the amount of KRW 6,320,980 among the principal and interest of KRW 21,20,67 and the amount of interest on KRW 6,320,980, calculated by a rate of 17% per annum from November 21, 2014 following the date the last calculation is made; (b) the amount of interest on the credit card use amount of KRW 2,934,80 from the date following the date the last calculation is made; and (c) the amount of interest on KRW 864,300 from November 21, 2014 from the date following the date the last calculation is made.