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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim against the defendant is dismissed.
3. The defendant.
Reasons
1. Facts of recognition;
A. On January 17, 2008, the Defendant prepared and submitted an application for membership of a credit card to the Plaintiff and received the credit card from the Plaintiff on or around January 25, 2008.
(hereinafter referred to as the “instant credit card”) b. a credit card issued to the Defendant.
As of April 24, 2008, the Defendant delayed the payment of KRW 1,000,000 for the credit card use of this case, and the principal and interest of the credit card use-price obligation of this case became the principal and interest of KRW 1,00,000 for the credit card use-price and KRW 41,095 for delay damages.
In addition, the rate of damages for delay applied to the credit card payment obligation of this case is 29% per annum.
C. On October 16, 2009, the Plaintiff filed a lawsuit against the Defendant for the claim for the cost of using the credit card in this case. On October 16, 2009, the court of first instance rendered a favorable judgment against the Plaintiff that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 29% per annum from April 25, 2008 to the date of full payment” with respect to KRW 1,041,095 and its KRW 1,00,000 from the date of full payment (hereinafter “instant claim”).
On September 28, 2010, the Plaintiff transferred the instant claim to Solomon Savings Bank. On December 1, 2011, the Solomon Savings Bank transferred the instant claim to a limited liability company. On May 21, 2013, the solomon Savings Bank transferred the instant claim to the solomon Savings Bank. The solomon Savings Bank transferred the instant claim to the solomon Savings Bank on May 21, 2013. The solomon Asset Management Loan Co., Ltd. transferred the instant claim to the Defendant’s succeeding intervenor on July 4, 2016. The solomon Savings Bank transferred the instant claim to the Defendant’s succeeding intervenor on December 27, 2016.
E. On April 12, 2017, the Plaintiff, the first transferor of the instant claim, and its subsequent transferor, Solomon Savings Bank, the NAscky tea, the limited liability company, the white village asset management loan, the stock company, and the Hanel loan.