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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 26,870,662 and KRW 9,789,619 among the Plaintiff and the Plaintiff’s KRW 26,870,662, Dec. 4, 2013.
Reasons
1. Facts of recognition;
A. On November 1, 1995, the Defendant entered into a credit card use contract with Choung Bank, a loan contract of KRW 1,000,000 with Daeyang Mutual Savings and Finance Company on October 19, 200, and a loan contract of KRW 5,000,000 on November 28, 2001, respectively.
B. After that, on June 21, 2013, the credit card use-price claim against the Defendant was transferred to the Plaintiff on July 31, 2012, via a new credit card company, and each credit card transfer notification was made by the transferor or transferee delegated by the authority at the time of the above transfer to the Plaintiff on July 28, 2012, via the Korea Federation of Finance Corporation, the Korea Development Bank, the Korea Development Bank, and the Korea Development Bank, the Korea Development Bank, through the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, and the Korea Development Bank, the Korea Development Bank, through the Korea Development Bank.
C. Meanwhile, the remainder of the Plaintiff’s claim against the Defendant is KRW 26,870,662 in total as of December 3, 2013 [the principal = KRW 9,789,619 [the principal KRW 1,067,97,97,935 KRW 12,038,375 KRW 2,74,057 KRW 2,298,611]; interest and delay delay damages KRW 17,081,043 (the principal KRW 12,038,375 KRW 2,74,057 KRW 2,298,611]; interest rate in arrears after the above base date is KRW 17% per annum.
[Ground of recognition] Evidence Nos. 1 through 7, Evidence Nos. 8-1, 2, and 9, and the purport of the whole pleadings
2. According to the above facts of determination and conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum with respect to KRW 26,870,662 and KRW 9,789,619, which is the day following the above base date, from December 4, 2013 to the day of full payment.
Therefore, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, so it is revoked, and it is so decided as per Disposition by the court below to order the defendant to pay the above amount.