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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a company that operates programs to support credit recovery by taking over ten financial institutions with respect to multiple debtors with possibility of rehabilitation in connection with incorporated associations C.
B. Around October 2001, the Defendant obtained credit card from Nonparty D Co., Ltd. (hereinafter “D”) and used it. From March 2003, the credit card payment that was not paid as of October 24, 2003 began to be KRW 10,027,417.
C. On October 24, 2003, the Plaintiff acquired the credit card payment claim from D (hereinafter “the credit card payment claim of this case”) and received part of the payment from the Defendant. On November 27, 2007, the Plaintiff applied for a payment order with the Suwon District Court Decision 2007Hu3588 on the remaining credit payment claim of this case. On November 28, 2007, the obligor was ordered to pay 17% per annum from October 25, 2003 to the delivery date of the original payment order, and 20% per annum from the next day to the date of full payment.”
The plaintiff was paid the principal amount of KRW 4,746,440 from the defendant after the payment order was issued by the defendant, and the claim of this case which was not yet paid by the defendant is the principal amount of KRW 5,169,977 and damages for delay.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination, the Defendant’s principal amounting to KRW 5,169,977, which was the amount of the instant transfer money that was not paid to the Plaintiff, and 17% per annum from October 25, 2003 to January 9, 2008, and from that following day to September 30, 2015, Article 3(1) of the former Promotion Act and the main sentence of Article 3(1) of the former Promotion Act (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) concerning statutory interest rate of Article 3(1) of the former Promotion Act (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).