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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. The Plaintiff sought payment from the Defendant of Samsung Card Co., Ltd. and Samsung C&M Co., Ltd. (hereinafter “T&M”) for each claim that he acquired from Samsung Card Co., Ltd. (hereinafter “T&M”). The court of the first instance rejected the claim for the claim that he acquired from Samsung Card Co., Ltd., and dismissed the claim for the claim that he acquired from Samsung Card Co., Ltd.
Therefore, since only the plaintiff appealed against the losing part, the subject of the judgment of this court is limited to the principal amount of 2,962,79 won, interest for arrears of 3,885,244 won, which was claimed to have been taken over from the Ethical money that was rejected by the court of first instance.
2. Determination
A. Facts of recognition 1) The defendant around May 15, 2002 is a foreign exchange credit card company (hereinafter "foreign exchange card").
(2) Around November 24, 2005, a credit card credit card user claim was transferred from the foreign exchange card to the Social Co., Ltd., Ltd., and on November 1, 2010, to the Plaintiff, around February 26, 2012, and each time, notified the Defendant of the fact of transfer of credit.
3) As of January 9, 2014, the Defendant’s payment for the use of the above credit card was KRW 2,962,79. [Grounds for recognition] The fact that there is no partial dispute, the entry in the evidence Nos. 4, 6, and 8 (including virtual numbers, and the purport of the entire pleadings)
B. According to the facts of determination 1, the Defendant calculated the amount of 2,962,79 won in credit card use and the amount of 15% per annum under the Commercial Act from August 15, 2014 to June 24, 2016, which is the day following the delivery date of the complaint of this case, containing an expression of intent to demand the payment of the credit card use amount to the Plaintiff who acquired the above credit card use-price claim, and the amount of 6% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.