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1. The judgment of the court of first instance is modified as follows.
The defendant's successor to the plaintiff 7,461,866 won and 3.0 thereof.
Reasons
1. Facts of recognition;
A. On April 29, 2000, the Peace Bank Co., Ltd. (hereinafter “SPP”) issued a credit card (PP card) to the Defendant.
From September 14, 200 to June 30, 200, the Defendant’s overdue credit card use amount of KRW 4,022,686 (i.e., principal amount of KRW 3,289,985, interest KRW 732,701) from around September 14, 200 to June 30, 201.
(hereinafter “the instant claim”). On the other hand, the agreed overdue interest on the credit card use price is 28% per annum.
B. On December 31, 2001, Korea Light Bank merged the Peace Bank and transferred the instant claims to the next special purpose company by our financial system, and on February 14, 2003, our financial system transferred the instant claims to the promotion mutual savings bank.
C. On June 15, 2011, the Plaintiff’s succeeding intervenor acquired the instant claim from the promotional mutual savings bank, and taken over the instant lawsuit on February 5, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the facts of the above recognition as to the occurrence of the obligation, the defendant is obligated to pay to the intervenor succeeding to the plaintiff the interest rate of 28% per annum from September 14, 2000 to March 25, 2005, the sum of the principal of credit card use and the interest rate of 28% per annum from March 25, 2005, and the principal amount of 3,289,985 won from March 26, 2005 to the day of full payment.
3. The defendant's defense asserts that the defendant's first overdue payment of the credit card fee was filed in 1999, and since the lawsuit of this case was filed five years after it was filed, the claim of this case was extinguished by prescription.
However, the defendant's delinquency in the payment of credit card use price for the first time around September 14, 2000 is the same as mentioned above (i.e., the defendant's obligation to pay the above credit card use price seems to have been the due date of September 14, 200). The lawsuit of this case is within five years thereafter.