양수금
1. The part of the judgment of the first instance against the plaintiff shall be revoked.
The defendant shall pay to the plaintiff KRW 5,372,796 and KRW 2,669,100 among them.
1. The scope of the judgment of this court at the court of first instance claimed the payment of the credit card user claims that the defendant acquired from the National Bank on April 9, 2001, the special credit claims (Depreciation claims) and the credit card user claims that the defendant acquired from the Solomon Mutual Savings Bank on July 31, 2003, and the Solomon Mutual Savings Bank on July 31, 200. The court of first instance accepted the claims from the National Bank on April 9, 2001 and on November 5, 2001 as well as on the credit card user claims that the defendant acquired from the Solomon Mutual Savings Bank on November 31, 2003, but dismissed the claims from the National Bank on July 31, 2003.
However, since only the plaintiff appealed against the above judgment, the scope of the judgment of this court is limited to the claim on the special bond (Depreciation bond) of July 31, 2003 that the plaintiff acquired from the national bank.
2. Determination as to the cause of claim
A. The facts of recognition 1) around 2003, the Defendant entered into a contract for the use of a credit card with the National Bank and did not pay for the use of the credit card. On July 31, 2003, the National Bank incorporated the above claim into a bad debt depreciation claim (hereinafter “instant claim”).
(2) On April 10, 2009, a national bank transferred the instant claim to the Credit Counseling and Recovery Fund (hereinafter “Plaintiff”) on April 10, 2009. The Plaintiff notified the Defendant of the assignment of claim on December 2, 2009 under the authority of notice delegated by the national bank.
3) As of June 4, 2014, the remaining principal of the instant claim is KRW 2,669,100, and the attempted interest is KRW 2,703,696. 4) At the time of issuing a credit card, the Defendant agreed to pay the overdue interest rate fixed by the creditor financial institutions at the time of issuing the credit card, and the Plaintiff applied the overdue interest rate of KRW 17 per annum.
【Reasons for Recognition】 Each entry of evidence Nos. 1, 2, 3, and 6, and the purport of the whole pleadings
B. According to the above facts of recognition, the defendant.