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1. As to the Plaintiff’s KRW 78,526,174 and KRW 51,00,00 among them, Defendant A shall be from November 25, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On April 13, 2004, Defendant A subscribed to the credit card member of the Korea Cmat Bank Co., Ltd. (hereinafter “Cmat Bank”), agreed to pay the amount to be used on a monthly basis with 29.9% interest rate, but did not pay the amount to KRW 48,976. The Defendant A delayed payment of KRW 48,976. The amount to be used on May 9, 201 from Cmat Bank at the interest rate of KRW 3 years and 18% per annum. However, Defendant A borrowed a loan on the condition that Cmat Bank redeems the interest rate of KRW 5,100,000 per annum and the amount to be 20
B. On September 25, 2014, the Plaintiff acquired a credit card usage payment claim against Defendant A and the above loan claim from the Sti Bank. As of November 24, 2015, the Plaintiff’s credit card usage payment claim amounting to KRW 146,861 in total, including the principal amount of KRW 48,976, and interest, KRW 97,885 in total, and KRW 27,379,313 in total, including the principal amount of KRW 51,00,00,000 in total, and KRW 78,379,379,313 in total.
C. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by C, the father of A. As C died on January 13, 2012, Defendant A, D, and E, the denied children, respectively, jointly inherited the property.
On February 8, 2012, co-inheritors, including Defendant A and B, entered into an agreement on the division of inherited property owned by Defendant B (hereinafter “instant agreement on division”). Accordingly, on February 24, 2012, the registration of ownership transfer was completed in Defendant B as the Daejeon District Court Decision No. 16631 on February 24, 2012.
Meanwhile, Defendant B sold the said real estate to F on July 27, 2012 and completed the registration of ownership transfer on September 7, 2012.
E. At the time of the instant split-off consultation, Defendant A was in excess of the debt without any specific property.
[Ground of Recognition] Defendant A: The fact that there is no dispute over Defendant B by public notice, each entry in Party A’s evidence Nos. 1 through 8, and the purport of the whole pleadings
2. According to the facts of the above recognition of the claim against Defendant A, Defendant A shall pay the Plaintiff the credit card user fee and the loan claim.