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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 20,372,372 and 18,194 among them.
Reasons
1. In the first instance trial, the Plaintiff sought payment of each credit card payment claim that the Defendant acquired from Hyundai Capital Co., Ltd. and National Bank Co., Ltd., and each credit card payment claim that the Defendant acquired from Samsung Card Co., Ltd., Samsung Card Co., Ltd., Samsung Card Co., Ltd., and National Card Co., Ltd. (hereinafter “Co., Ltd.”). The court of first instance accepted each credit card payment claim and each credit card payment claim that was acquired from Hyundai Capital and National Bank from Hyundai Card Co., Ltd. and National Bank, and dismissed the remainder of the credit card payment claim that was acquired from the National Card.
Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim for the credit card price by which the credit card was transferred from the above national card.
2. Facts of recognition;
A. On July 12, 2000, the Defendant entered into an agreement with the national card member and used the national card. As of May 31, 2013, the principal of the credit card payment liability for the national card amounted to KRW 18,194,514.
B. The national card transferred the above credit to the Plaintiff on June 21, 2013, and the Plaintiff, who was delegated with the authority to notify the assignment of credit by the national card, notified the Defendant of the assignment of credit on March 31, 2014.
C. The overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on the foregoing debt is 17% per annum, and the said credit card payment obligation as of February 12, 2014 is a sum of KRW 20,372,372 [The principal = KRW 2,177,858 for overdue interest up to the base date of KRW 18,194,514 (= KRW 18,194,514 x 17% x 17% x 257/365, and over KRW 257].
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3 and 10, and the purport of the whole pleadings
3. According to the above facts of determination as to the cause of the claim, the Defendant’s total sum of KRW 20,372,372 and the principal amount of KRW 18,194,514 among them shall be the Plaintiff from February 13, 2014.