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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. Facts of recognition;
A. On March 21, 2008, Korea C&C Co., Ltd. (hereinafter “Korea C&C”) concluded a credit card use contract with the Defendant, and issued a credit card to the Defendant.
B. When entering into the above credit card service contract, the Korea C&T bank and the Defendant agreed to apply the rate of delay damages as set forth by the Korea C&T bank in the event the Defendant delayed payment.
C. As of February 29, 2016, the Defendant’s use of the said credit card and payment thereof to the Korea CTR Bank was not made by the Defendant, and as of February 29, 2016, KRW 35,836,054 (hereinafter “the instant claim”) totaling KRW 22,346,252, overdue interest and KRW 13,489,802, etc. (hereinafter “the instant claim”), and the interest rate determined by the Korea CTR Bank is 25% per annum.
On March 22, 2016, the Plaintiff acquired the instant claim from the Korea CTR Bank through a contract for the acquisition of assets. On June 2, 2016, upon delegation of the authority to notify the assignment of claims from the Korea CTR Bank, notified the Defendant of the said assignment of claims. At that time, the notification of the said assignment of claims reached the Defendant.
E. After the Plaintiff acquired the instant claim, 84,871 won interest rateing to KRW 22,346,252, overdue interest rateing to KRW 14,334,673, etc., around the time of applying for the instant payment order, the instant claim became KRW 36,680,925, including the principal amounting to KRW 22,346,252, and overdue interest rateing to KRW
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. Determination:
A. According to the above facts of determination as to the cause of claim, the Defendant shall pay to the Plaintiff, the lawful transferee of the instant claim, the total amount of the principal and interest of the instant claim KRW 36,680,925, and the principal amount of KRW 22,346,252, barring any special circumstance, the record is the day following the delivery date of the duplicate of the application for the instant payment order.