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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 4,932,908 and 1,590 among them.
Reasons
1. In the first instance court’s determination, the Plaintiff claimed for the payment of the total amount of KRW 94,178,823 of the principal and interest as indicated below (the remaining principal and interest of each claim that the Plaintiff acquired by transfer as of July 17, 2019) and damages for delay thereof, but the first instance court dismissed the portion of the claim against C Co., Ltd. (hereinafter “C”) and rendered a judgment citing the remainder of the claim, and only the Plaintiff appealed, the subject matter of the adjudication is limited to the claim against C Credit Card Use Price.
CD E
2. Facts of recognition;
A. On December 27, 2007, the Defendant entered into a credit card membership contract with C on the 20th day of each month and traded with a credit card on the purchase of goods and services by obtaining a credit card.
B. At least the Defendant did not pay the credit card fee from May 11, 2009.
C. C filed an application for a payment order (the Changwon District Court Decision 2009j. 847) against the Defendant in relation to credit card use charges. On May 20, 2009, the above court issued a payment order (hereinafter “previous payment order”) stating that “The Defendant shall pay C the amount of KRW 1,701,263 and the amount of KRW 1,590,270 per annum from May 12, 2009 to the date of full payment” (hereinafter “previous payment order”). The previous payment order was finalized on June 12, 2009 after the delivery to the Defendant on May 28, 2009.
C on June 31, 2013, the credit card user-price claim (hereinafter “instant claim”) was transferred to the Plaintiff.
On June 23, 2014, the Plaintiff notified the Defendant of the transfer of the instant claim.
E. Meanwhile, after July 18, 2019, the agreed delay rate of the instant claim is 17% per annum, and the principal and interest of the instant claim as of July 17, 2019 is as indicated above.
[Reasons for Recognition] The facts without dispute, Gap's statements in Gap's 2, 5, 8 (including virtual numbers), and the whole pleadings.