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1. The defendant shall pay to the plaintiff the amount of KRW 73,679,502 and KRW 24,351,676 among them, from November 13, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. On December 12, 200, the Defendant joined a credit card as a member of a new card Co., Ltd. (Indemnification card Co., Ltd.) and used the credit card. The credit card price began from February 27, 2009 to be overdue (17%) from February 27, 2009 (the annual interest rate of 12,927,676 won, overdue interest of 29,076,642 won in total) as of November 12, 2014.
B. The Defendant joined Samsung Card Co., Ltd. as a credit card member on May 13, 2002 and received a loan from the above Credit Card Co., Ltd. on January 27, 2005, and the loan remains 31,675,184 won in total as of November 12, 2014, including the principal amount of KRW 11,424,00,000, overdue interest of KRW 20,251,184.
C. On April 10, 2009, the Plaintiff acquired each of the above claims from the said new card company and Samsung Card Co., Ltd., and was delegated with the authority to notify the assignment of claims, and completed the notification of the assignment of claims to the Plaintiff on February 5, 2015 during the instant lawsuit.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings
2. Determination:
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the principal amount of KRW 73,679,502 (i.e., the principal amount of KRW 24,351,676 and the fixed interest amount of KRW 49,327,826) and damages for delay calculated at the rate of 17% per annum, which is the agreed interest rate sought by the Plaintiff from November 13, 2014 to the date of full payment.
B. Furthermore, if a third party directly signed and sealed a loan-related document, such as a loan-related agreement for consumption, as the principal debtor or joint guarantor, the third party expressed his/her intent to the financial institution as the debtor under the loan-related contract for consumption, and the third party was willing to obtain a loan in the name of the third party and use it by obtaining it in the name of the third party.
(b) the principal and interest of such principal and interest have been paid at the expense of any other person.