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1. Revocation of a judgment of the first instance;
2. The Plaintiff:
A. As regards Defendant A’s KRW 127,454,419 and KRW 29,650,673 among them,
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) Defendant A is a new card corporation around 1996 (hereinafter “new card”).
(2) The Defendant A received a loan from the LG Card Co., Ltd. (hereinafter “FG card”) on February 27, 2003, with the interest rate of KRW 17.2 million per annum, interest rate of KRW 19% per annum, interest rate of 24%, and interest rate of 48 months per repayment method. At the time of the above loan, Defendant B (Defendant A’s spouse) guaranteed Defendant A’s above loan obligations with respect to the new card.
3) On June 21, 2013, a new card transferred to the Plaintiff all of the credit card use-price claims and loan claims against Defendant A. On or around June 23, 2014, the Plaintiff notified the Defendant A of the transfer of the credit in question with the delegation of the new card. 4) Meanwhile, as of September 23, 2014, the sum of the principal and interest of the credit card use-price claims against Defendant A was KRW 49,86,571 (= Principal KRW 12,508,592 overdue interest of KRW 37,357,979), the sum of principal and interest of the loan claims was KRW 77,587,848 (= Principal KRW 17,142,081 overdue interest of KRW 60,45,767). The interest rate for overdue interest determined by the Plaintiff’s business regulations within the scope of the purchase-price interest rate is 17% per annum.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 2 through 7 (including a provisional number), and the purport of the whole pleadings
B. According to the above facts, Defendant A is obligated to pay to the Plaintiff 127,454,419 won (i.e., KRW 49,86,571 won) plus the principal amount of KRW 29,650,673 (i.e., KRW 12,508,592 won) (i.e., KRW 17,142,081) from September 24, 2014 to the date of full payment. (ii) The obligation to pay damages for delay at the rate of KRW 17% per annum that the Plaintiff seeks from September 24, 2014 to the date of full payment. (iii) The obligation to pay the principal obligation is incidental or incidental to the principal obligation and the obligation to the principal obligor is transferred.