Text
1. Revocation of the first instance judgment.
2. The Defendant’s KRW 11,142,417 and KRW 2,680,703 among the Plaintiff and the Plaintiff’s KRW 2,680,703 on August 26, 2016.
Reasons
1. Facts of recognition;
A. The Defendant concluded a membership contract with the National Bank of Korea (hereinafter “National Bank”), and subsequently used a credit card with the credit card and delayed payment for the use of the credit card.
(B) Claim against the Defendant, such as the above credit card use fee, etc. (hereinafter “instant claim”).
On February 25, 2003, the National Bank transferred the instant claim to a limited liability company specializing in siren-backed securitization (hereinafter “the Lao-backed securitization specialized”), and on October 17, 2006, the court rendered a judgment against the Defendant that “the Defendant shall pay the amount calculated at the rate of 24% per annum from May 5, 2006 to the date of full payment,” which became final and conclusive on December 1, 2006.
C. On October 25, 2006, the Orren Support Specialized Account transferred the instant claim to Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”), and on November 22, 2006, notified the Defendant of the assignment of the said claim.
On October 10, 2009, Solomon Mutual Savings Bank transferred the instant claim to the Plaintiff (titled prior to the change: the Credit Counseling and Recovery Fund) and delegated the authority to notify the transfer, and on May 4, 2010, the Plaintiff notified the Defendant of the assignment of the said claim by way of content-certified mail.
E. As of August 25, 2016, the instant claim remains in total of KRW 11,142,417 in the balance of principal and KRW 2,680,703 in interest and delay damages as of August 25, 2016, and the interest rate for delay applied by the Plaintiff in accordance with the Credit Management Act remains in 17% per annum.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings
2. According to the above facts of determination, the defendant acquired the claim of this case in succession, the above KRW 11,142,417 and the principal amount 2,680.