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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On July 12, 2001, the Defendant entered into a credit card subscription agreement with Choung Bank Co., Ltd. (hereinafter “Seoul Bank”) and entered into a credit card transaction by obtaining a credit card, such as purchase of goods and services, and thereafter, did not pay the above credit card price claim (hereinafter “the instant claim”).
B. On November 14, 2002, the claim of this case was transferred in sequence to the Gais Investment Asset Management on the part of November 14, 2002, to the Gais Asset Management Specialized on December 20, 2002, to the Korea Exchange Asset Management Specialized on the part of December 20, 2002, to the Korea Exchange Asset Management Loan Co., Ltd. on December 5, 2008 (the Korea Exchange Asset Management Co., Ltd. prior to the alteration), to the IMS Loan Co., Ltd. on October 8, 2013, and to the Plaintiff on April 13, 2015, each of the above claims was transferred to the Defendant, and each of the above claims was notified to the Defendant at the time of the transfer of each of the above claims.
C. As of October 10, 2016, the instant claim that the Plaintiff acquired as above remains 17,031,646 won in total, including the principal amount of KRW 1,387,593, overdue interest of KRW 15,64,053, etc.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the interest of KRW 17,031,646 of the instant claim and the principal of KRW 1,387,593 as the day following the delivery date of a copy of the instant complaint, which is the day after September 2, 2017, which is appropriate for the Defendant to dispute over the existence or scope of the Defendant’s obligation to perform, 5% per annum as prescribed by the Civil Act from the date of the judgment of the court of this case until August 21, 2018, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. Thus, the plaintiff's claim shall be accepted within the above scope of recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance shall be dismissed.