beta
Text
1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 1,736,814 and 1,073 among them.
Reasons
1. In the first instance trial, the Plaintiff sought from the Defendant the payment of loan claims and credit card use claims acquired from the Esba Savings Bank (hereinafter “Sba Savings Bank”), and the credit card use claims acquired from the Esba Savings Bank. The court of first instance accepted the part of credit card use claims acquired from the Esba Savings Bank and dismissed the part of the loan claims acquired from the Esba Savings Bank.
Since only the plaintiff appealed against this, the subject of the judgment of this court is limited to the loan claims that the plaintiff acquired from the SBA Savings Bank.
2. Determination
A. The facts of recognition 1) On December 17, 2001, the Defendant obtained a comprehensive passbook loan amounting to five million won in the loan limit, one million won in the initial approval limit, and 36% in the annual interest rate from the SPA Savings Bank. The Plaintiff acquired the above loan claim from the SPA Savings Bank on December 10, 2010, and notified the Defendant of the transfer of the loan claim upon delegation of the notification authority around October 10, 2014. (2) On June 18, 2014, the principal amount of the loan unpaid as of June 18, 201 is the principal amount of KRW 1,073,088 and the interest or delay damages amount of KRW 663,726,814 in total.
[Reasons for Recognition] Gap evidence Nos. 1, 2-2, 6, and 7, and the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum as claimed by the Plaintiff within the range of the agreed delay damages rate of KRW 17% per annum from June 19, 2014, which is the day following the date of calculating the principal and interest, and KRW 1,073,088, among the principal and interest, to the Plaintiff.
3. As such, the plaintiff's claim of this case is justified, and the part against the plaintiff in the judgment of the court of first instance which has different conclusions is unfair, so it is revoked, and it is so decided as per Disposition by ordering the defendant to pay the above money.