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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 12,936,569 and KRW 9,034,241 among the Plaintiff’s KRW 12,936,569 and the Plaintiff’s KRW 21,201.
Reasons
Facts of recognition
After concluding a credit card use contract with Samsung Card Co., Ltd. on September 20, 2007, the Defendant used the credit card issued as above at the chain store from September 27, 2007 to June 13, 2011.
After November 24, 2011, the Defendant lost the interest of time due to the overdue payment of the credit card use fee, and Samsung Card Co., Ltd transferred the credit card use fee claim against the Defendant to the Plaintiff on June 28, 2013.
On March 31, 2014, the Plaintiff delegated the power to notify the assignment of claims by Samsung Card Co., Ltd., notified the Defendant of the assignment of claims by content-certified mail.
As of February 20, 2014, the principal amount was KRW 9,034,241 as of February 20, 2014, and interest and damages for delay accrued until February 19, 2014, and the interest and damages for delay incurred until February 19, 2014 are KRW 3,902,328, and the overdue interest rate determined by the Plaintiff is 17 per annum
[Grounds for recognition] According to the above facts finding as to the causes for the claims stated in Gap evidence Nos. 1 through 7, the defendant is obligated to pay to the plaintiff the amount of KRW 12,936,569 and damages for delay calculated at the rate of 17% per annum, which is the interest rate per annum from February 21, 2014 to the date of full payment.
In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is unfair in conclusion, so it is revoked and the defendant is ordered to pay the above amount. It is so decided as per Disposition.