양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. By means of the reduction of claims in the trial.
1. Facts of recognition;
A. The Defendant entered into a contract to use a credit card with Hyundai Card Co., Ltd. and delayed payment of the amount used during the use of the credit card.
B. On January 16, 2004, the claim of Hyundai Card Co., Ltd., Ltd., the Promotion Savings Bank Co., Ltd., Co., Ltd., Jun. 15, 201, and Co., Ltd., Sep. 1, 2011, the claim was transferred in sequence to the Digital Asset Management Loan Co., Ltd., Ltd., and the final transfer was made on July 31, 2013, and each transfer was notified to the Defendant.
C. As of September 26, 2014, the balance of the principal and interest of the above claim is KRW 23,141,222 (i.e., principal KRW 7,334,107 and interest 15,807,115). The overdue interest rate determined by the Plaintiff within the scope of the agreed overdue interest rate of the above claim is 15% per annum.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 6, 2015 to the day of full payment, which is the day following the delivery date of a copy of the application for modification of the purport of the claim sought by the Plaintiff, with respect to KRW 23,141,22 of the above principal and interest and the principal amount of KRW 7,334,107 among them.
B. The judgment on the Defendant’s assertion is clearly stated in the record that the Defendant claimed that the Defendant had already extinguished the prescription period from May 29, 2009 to May 29, 2009 upon the lapse of the five-year commercial extinctive prescription period. Thus, it is apparent that the instant lawsuit was filed on September 26, 2014 after the lapse of five years from May 29, 2009. On the other hand, in full view of the purport of oral argument in the statement of evidence evidence No. 4, the Defendant paid the final repayment of part of the above debt on March 26, 2008; the Defendant applied for credit recovery support from the Credit Counseling and Recovery Commission on May 29, 2009, and paid the reduced debt for nine-month months.