양수금
1. Revocation of the first instance judgment.
2. On April 21, 2018, the Defendant: (a) KRW 9,447,405 and KRW 6,566,727 among the Plaintiff.
1. Determination as to the cause of the claim: (a) the Defendant entered into a credit card use contract with C Co., Ltd. (hereinafter “C”) on May 8, 2014; (b) delayed payment of KRW 6,566,727 of the credit card price; and (c) upon the Defendant’s delinquency in paying the said price, C transferred the credit card price claim against D Co., Ltd. (hereinafter “D”) to the Defendant on August 31, 2016; (d) again transferred the said claim to the Plaintiff on December 26, 2017; (b) the Plaintiff sent to the Defendant a document notifying the Defendant of the transfer of the credit card assignment by delegation from D on January 12, 2018; (c) completed the instant contract with C and D with the delegation from C and D on January 13, 202; and (d) completed the instant contract with the Plaintiff’s each of the instant claim assignment by public notice or notification with the Plaintiff’s respective serial number 20% of the assignment by public notice; and notification 30.
Therefore, the Defendant is obligated to pay damages for delay calculated by the rate of 23.5% per annum from April 21, 2018 to the date of full payment with respect to the principal of the credit card proceeds, plus 2,80,678 won, which the Plaintiff seeks, from among damages for delay incurred until April 20, 2018, to the Plaintiff who acquired the credit card proceeds of this case before the transfer of the credit card proceeds of this case, and from April 21, 2018 to the date of full payment.
2. Conclusion, the plaintiff's claim shall be accepted on the ground of its reasoning.
Since the judgment of the court of first instance is unfair with different conclusions, it is so decided as per Disposition by accepting the plaintiff's appeal and cancelling the judgment of the court of first instance and accepting the plaintiff's claim.