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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 2,592,025 and 1,579 among them.
Reasons
1. Basic facts
A. A. Around July 2004, the Defendant applied for the issuance of a credit card to Hyundai Card Co., Ltd. (hereinafter “Modern Card”), and obtained the credit card from Hyundai Card, and the Defendant delayed to pay the credit card price. On February 2, 2009, Hyundai Card transferred its credit card payment claim against the Defendant (the principal amount 1,579,100 won as of February 2, 2009, and the agreed overdue interest rate 20.4%) to Hyundai Capital Co., Ltd., and notified the Defendant of the assignment of the claim on February 5, 2009.
B. In other words, on July 1, 2010, Hyundai Capital Co., Ltd. transferred the above obligation to the Plaintiff. On behalf of Hyundai Capital Co., Ltd., the Plaintiff notified the Defendant of the transfer of the above obligation on December 3, 2010.
C. The above obligation is KRW 2,592,025 in total as of January 13, 2014 (=interest of KRW 1,579,100 in interest of KRW 1,012,925 in interest of KRW 1,579,100). The overdue interest rate on the above obligation from January 14, 2014 sought by the Plaintiff is KRW 17 per annum within the scope of the agreed interest rate.
[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 3, Evidence No. 5, Evidence No. 6-1, and the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff overdue interest calculated at the rate of 17% per annum from January 14, 2014 to the day of complete payment, which is the principal of KRW 2,592,025 and KRW 1,579,100, which is the principal.
3. If so, the plaintiff's claim for this part of the judgment of the court of first instance is accepted on the ground of its reasoning, and since the part of the judgment of the court of first instance is unfair on the ground of its conclusion, it is so decided as per Disposition by accepting the plaintiff's appeal and ordering the defendant to pay the above money.