1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. On May 2, 2001, the defendant entered into a credit card transaction agreement with Choung Bank Co., Ltd. (the merger with the new bank on April 2, 2006) and agreed that if the card price is not paid by the settlement date of each month, in addition to the card price, the above bank shall pay damages for delay according to the rate set by the agreement in addition to the card price.

On October 31, 2002, Choung Bank Co., Ltd. transferred a credit card payment claim (hereinafter “instant claim”) to the Defendant to the promotion mutual savings bank (hereinafter “promotion mutual savings bank”) and notified the Defendant of the above transfer at that time. On June 15, 2011, the promotion mutual savings bank concluded an asset transfer agreement with the Plaintiff, including the instant claim, and notified the Defendant of the above transfer of claim.

On the other hand, the promotional mutual savings bank filed a lawsuit against the defendant on June 9, 2006 against the Jeonju District Court 2006Gau1328, and the above court rendered a judgment on September 7, 2006 that "the defendant shall pay to the promotional mutual savings bank 9,837,251 won and 4,798,669 won with 20% interest per annum from January 18, 2006 to the date of full payment," and the above judgment became final and conclusive on November 1, 206.

(hereinafter referred to as “previous Judgment”). [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 4 (including paper numbers), and the purport of the whole pleadings.

2. Determination

A. According to the facts of recognition, the Defendant’s final transferee of the instant claim 20,652,04 won (=9,837,251 won = Principal = 4,798,669 won x (11 year 98/365 days, January 18, 2006 to April 25, 2017) x 20% of the date on which the application for the instant payment order was served x 4,798,69 won from April 26, 2017, following the date on which the application for the instant payment order was served to the Plaintiff, the final transferee of the instant claim, and 4,798,69 won among them, which is reasonable for the Defendant to dispute over the existence and scope of the obligation to perform.