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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 47,337,421 and 15,930 among them.
Reasons
1. In the first instance trial, the Plaintiff sought payment of two credit card-use price claims, loan claims, credit card-use price claims, and credit card-use price claims taken over from Hyundai Capital Co., Ltd. against the Defendant. The court of first instance dismissed only the Plaintiff’s claim on the principal amount of KRW 15,930,980 that the Plaintiff acquired from Solomon Mutual Savings Bank, and accepted all the remainder of the claim.
However, since only the plaintiff appealed against the above judgment, the scope of the judgment of this court is limited to the claim of KRW 15,930,980 for the principal that the plaintiff acquired from Solomon Mutual Savings Banks.
2. Determination as to the cause of claim
A. The defendant joined Samsung Card Co., Ltd. as a credit card member on August 16, 2001 and used the credit card of the above company. The sum of the unpaid amounts is KRW 15,930,980 (hereinafter “the credit card price of this case”).
2) Around December 20, 2005, Samsung Card Co., Ltd. entered into a credit card sales contract with Samsung Card Co., Ltd. and received all rights, such as the credit card price claim, interest incidental thereto, delay damages, etc., and Samsung Card Co., Ltd. notified the Defendant of the assignment of the credit on or around February 5, 2006 and served to the Defendant.
3) On December 10, 2009, Solomon Mutual Savings Bank transferred to the Plaintiff all interest and delay damages on the instant credit card payment claim and the instant interest and delay damages therefrom, and the Plaintiff notified the Defendant of the transfer by content-certified mail pursuant to Article 7 of the Asset-Backed Securitization Act. 4) The sum of delay damages up to June 2, 2014 on the instant credit card payment is KRW 31,406,441.
[Ground of recognition] Gap evidence 2 and 3 1, Gap evidence 4, Gap evidence 5 and 8 1, 2, and Gap.