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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 19,492,159 and 11,835 among them.
Reasons
1. In the first instance trial, the Plaintiff sought the payment of each credit that he received from the Switzerland 2 Savings Bank (former Switzerland 2 Savings Bank: hereinafter “SB Savings Bank”) and the new card company (hereinafter “new card”) against the Defendant. The court of first instance accepted only the claim based on the new card’s credit, and dismissed the claim based on the credit that the KSB 2 Savings Bank acquired from the new card.
Since this Court appealed only to the plaintiff, the scope of this Court's adjudication is limited to claims based on the claims asserted by the plaintiff to have taken over from the SPaB Savings Bank.
2. Determination on the cause of the claim
A. The defendant, around January 2001, is the National Bank of Korea Co., Ltd. (the trade name before the merger: the Korea Housing and Commercial Bank; hereinafter the "National Bank").
A) A credit card was issued and used by the National Bank. A credit card was transferred to the Defendant on September 2004, and around October 15, 2014, the National Bank notified the Defendant of the credit card use claim against the Defendant, and the said notification was delivered to the Defendant on October 15, 2014. (2) On December 10, 2010, the Plaintiff received the transfer of the above claim against the Defendant from the Escar 2 Savings Bank, received the delegation of the authority to notify the assignment of the claim, and received the notification from the Defendant on May 4, 2011, and reached the Defendant around that time.
3) The principal and interest of the above credit card-use payment claim is KRW 19,492,159 (i.e., principal KRW 11,835,440 and interest for delay damages, KRW 7,656,719) as of August 18, 2014. The interest rate on the above credit card-use payment claim is KRW 17% per annum from August 19, 2014 to the date of closing argument in the trial. [No. 1-proof evidence No. 1, evidence No. 2-1, evidence No. 2-1, evidence No. 3 through 5, evidence No. 7-1 through 3, and the purport of the entire pleadings.
B. According to the above facts of recognition, the defendant's above claim against the plaintiff.