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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 42,223,158 among the Plaintiff and KRW 20,98,460 among the Plaintiff, January 2014.
Reasons
1. The following facts are acknowledged in light of the overall purport of the pleadings in each entry of Gap evidence Nos. 1 to 8 (including branch numbers, if any).
A. The Samsung Card Co., Ltd. issued Samsung Card to the Defendant around 2007, and the Hyundai Card Co., Ltd. issued the Hyundai Card to the Defendant around March 2008, which was the fact that the Defendant used each of the above credit cards, but did not pay the price.
B. On June 6, 2009, the above Hyundai Card Co., Ltd. transferred its claim against the Defendant to Hyundai Capital Co., Ltd. (269,95,860 won as of June 6, 2009, including principal, interest, etc.) and notified the assignment of the claim on June 18, 2009.
C. On the other hand, on December 28, 201, the above Hyundai Card’s claim was transferred to the Plaintiff on December 28, 201 (the principal amount of KRW 4,95,860 as of May 31, 2013, interest KRW 3,873,760 as of May 31, 201), and the above Samsung Card’s claim for the above Samsung Card’s payment was transferred to the Plaintiff on June 28, 2013 (the principal amount of KRW 15,92,60 as of May 31, 2013, interest KRW 13,810,01). The Plaintiff sent to the Defendant a notice of claim assignment with the seal affixed by each of the above Samsung Card’s transfer holders and the seal affixed by each of the above Hyundai Capital, and notified the Defendant of the fact of the transfer by mail.
The overdue interest rate applied by the Plaintiff to each credit card price claim is 17% per annum, and ① in relation to the Hyundai Card price, there remain 1,807,95,860 won per annum, additional overdue interest calculated at the rate of 17% per annum from December 5, 201 to January 19, 201, ② Principal 15,92,60 won, previous overdue interest rate of 13,810,01 won, and previous overdue interest of 17% per annum from May 31, 2013 to May 19, 2014.
(hereinafter as indicated below). The addition of the established interest in principal to the existing interest and the aggregate of modern cards 4,995.