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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 6,646,852 and 2,976 among them.
Reasons
1. In the first instance court, the Plaintiff claimed payment of KRW 15,075,556, credit card payment claims acquired from the Defendant, and KRW 6,646,852, and credit card payment claims acquired from the new card company, and KRW 2,202,389, the first instance court accepted only the claims that were acquired from the Korean bank and the Han Card company, and dismissed the remainder.
Since only the plaintiff appealed against this, the subject of the judgment of this court is limited to the credit card payment claim that the plaintiff acquired from the new credit card company.
2. Facts of recognition;
A. On July 28, 2001, 201, ELI Capital Co., Ltd. (hereinafter “ELI”) issued a credit card to the Defendant on or around July 28, 2001. As of January 20, 201, the amount of the credit card payment was 6,646,852 won in total ( principal amount 2,976,360 won in interest of 3,670,492).
B. On June 21, 2013, a new credit card company transferred the credit card payment claim to the Plaintiff, and the Plaintiff was delegated with the notification authority by the new credit card company and notified the Defendant of the transfer of the claim on or before December 12, 2014.
C. The overdue interest rate determined by the Plaintiff within the scope of the agreed overdue interest rate on the above credit card payment obligations is 17% per annum.
[Ground of recognition] Gap evidence Nos. 1, 2 and 3, evidence Nos. 5-1, Gap evidence Nos. 6, 7 and 8, and the purport of the whole pleadings
3. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the total sum of KRW 6,646,852 as well as the principal amount of KRW 2,976,360 as well as damages for delay calculated at the rate of 17% per annum from January 21, 2014 to the date of full payment.
4. Thus, the plaintiff's claim should be accepted for the reasons, and the part against the plaintiff in the judgment of the court of first instance is different.