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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 3,909,709 and its weight 2,834.
Reasons
1. Facts of recognition;
A. On April 2008, the Defendant purchased as a credit card holder of Korea Credit Card Co., Ltd. (hereinafter “Korea Card”) and used the credit card and did not pay KRW 559,371 to the credit card user, and the Defendant did not pay the total amount of KRW 2,275,168 as the credit card holder of the National Card Co., Ltd. (hereinafter “National Card”).
B. On June 21, 2013, the Plaintiff received the above claims from the Korean card and the national card, and then filed an application with the Incheon District Court 2014Kao3003 for a notification of intent by public notice, and the said court ordered the Defendant to serve a notice stating his/her intent of assignment of claims by public notice on January 12, 2015, and the said decision reached the Defendant on January 28, 2014 in accordance with the procedure for service by public notice as stipulated under Article 113 of the Civil Act.
C. The interest rate on delay of each of the above claims is 17% per annum, and the sum of interest on delay and delay damages on 559,371 won as of January 9, 2014, which is the base date, is 668,540 won, and the sum of interest on delay and delay damages on 2,275,168 won in total with the national card use amount is 272,764.
【Reasons for Recognition】 Each entry in the evidence of Nos. 3, 5 through 11 (if any, including each number), and the purport of the whole pleadings
2. According to the above facts, the defendant is obligated to pay 3,909,709 won [=1,227,911 won [i.e., 559,371 + 668,540 won + 2,681,798 won [i.e., 2,275,168 + 406,630 + 406,630] from January 10, 2014 to full payment [i.e., 559,3712,275,168] and the sum of principal amounts (i.e., 2,834,639 won + 559,3712,275,168] and damages for delay calculated at the rate of 17% per annum, which is the agreement, from January 10, 2014 to full payment.
3. If so, the plaintiff's claim of this case is reasonable.