1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On October 24, 2003, the Plaintiff entered into a contract with LG Investment Securities Co., Ltd. to transfer the credit amount of KRW 9,872,435, including the sum of KRW 2,770,835, credit card payment claim of KRW 1,900,00 and credit card payment claim of KRW 5,201,60 against the Defendant of the KG Investment Bank Co., Ltd. (former national card), and notified the Defendant of the fact of the transfer under Article 7(1) of the Asset-Backed Securitization Act on December 18, 2003.

B. Meanwhile, on October 12, 2007, the Plaintiff filed an order to pay the acquisition money with the Busan District Court 2007 tea No. 11093 against the Defendant, and on October 12, 2007, the Plaintiff received the payment order (hereinafter “instant payment order”) from the above court that “the Defendant shall pay the Plaintiff KRW 9,870,835 to the date when the original copy of the instant payment order was served, 17% per annum from October 25, 2003 to the date when the original copy of the instant payment order was served, and the damages for delay calculated at the rate of 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”). The above payment order was finalized on October 31, 207.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the defendant is obligated to pay 9,870,835 won and damages for delay calculated at the rate of 17% per annum from October 25, 2003 to October 16, 2007, which is the delivery date of the payment order in this case, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment.

3. Judgment on the defendant's assertion

A. The defendant's assertion of repayment is alleged to have satisfied all the obligations under the payment order of this case to the plaintiff, but there is no evidence to acknowledge it, and the defendant's assertion of repayment is acceptable.