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1. Revocation of a judgment of the first instance;
The Defendant’s KRW 2,445,527 and KRW 2,027,80 among the Plaintiff’s KRW 5,010 on June 5, 2018.
Reasons
1. The following facts may be acknowledged in full view of Gap's evidence Nos. 1, 2, 3-1, 2, 4-1, 2, and 5-7, and the purport of the entire pleadings in relation to this court's dispute settlement agreement and the dispute settlement agreement agreement agreement.
D On January 5, 2017, the credit card holders entered into a credit card membership agreement with the defendant and issued the credit card to the defendant, and the defendant used the credit card from that time.
(hereinafter “instant credit card user-price claim”). (b)
The overdue interest rate of the credit card user fee in DBD applied from March 3, 2016 is 23.5% per annum to 27.9% per annum.
C. On September 11, 2017, the Dispute Resolution Co., Ltd. transferred the total amount of principal and interest 2,097,839 won (70,039 won, including principal 2,027,800 won, interest, legal expenses, etc.) as of September 11, 201, to the Dispute Resolution Co., Ltd. and sent the notice of transfer by content-certified mail to the Defendant on September 14, 2017.
On February 21, 2018, the E-the-counter Bank of Korea transferred the total amount of KRW 2,308,098,00 to the Plaintiff as of January 31, 2018, the principal and interest of KRW 2,283,636 (interest of KRW 2,027,80) as of January 31, 2018, and other expenses 24,462, and issued a notice of transfer of credit by content-certified mail to the Defendant on March 13, 2018.
E. As of June 4, 2018, the principal and interest of the Credit Card Use Price Claim in this case calculated by the ratio of 23.5% per annum, which is the minimum overdue interest rate of DD as of June 4, 2018, is KRW 2,445,527 [the principal and interest of KRW 2,283,636 (the principal interest of KRW 2,027,80 in overdue interest of KRW 255,836)] from February 1, 2018 to June 4, 2018, overdue interest of KRW 161,891 2,027,80 x 23.5% x 124 days/365 days];
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 23.5% per annum from June 5, 2018 to the day of full payment, which is the agreed rate of 23.5% per annum, with respect to the sum total of the principal and interest of the instant credit card user’s loan and the principal principal amount of KRW 2,027,80,80, out of the total sum of the principal and interest
3. Conclusion, the plaintiff's objection.