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1. The defendant shall pay to the plaintiff the amount of KRW 47,43,656 and the amount of KRW 2,293,79 from September 5, 2006 to the date of full payment.
Reasons
1. Basic facts
A. The debtor, when making transactions corresponding to the loan items with creditor financial institutions as follows, approves the application of credit transaction and credit card member terms and conditions, and concludes an agreement with the creditor financial institutions to pay late payment damages in accordance with the overdue interest rate set by the creditor financial institutions. However, while making transactions pursuant to the above agreement, the debtor loses the benefit of time due to the failure to pay the principal and interest of the loan, and is liable as of September 5, 2006 as follows.
B. As of April 3, 2003, Scar Savings Bank Co., Ltd., Hyundai Capital Co., Ltd., Ltd., and on March 31, 2003, EL Card Co., Ltd. transferred to the Plaintiff claims against each Defendant as of March 31, 2003, pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, and notified the Defendant of the above transfer.
C. The agreed interest rate applicable to the above loan obligation is 2,293,79 won per annum from April 3, 2003 to the present, 30% per annum, 4,978,00 won per annum from March 31, 2003 to the present, 29% per annum, 15,670,207 won per annum from March 31, 2003 to the present.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 47,43,656 won (=5,611,323 won 11,534,491 won 30,287,842 won) and to pay for 2,293,79 won a year from September 5, 2006 to the date of complete payment, 30% a year from September 5, 2006 to the date of complete payment, 29% a year for 4,978,00 won, 15,670,207 won a year from September 5, 2006 to the date of complete payment.
In this regard, the defendant defenses that the above loan claims were extinguished by the prescription, but according to the statement in Gap evidence Nos. 4 and 12, the above loan claims are paid on September 20, 2006 before the extinction of the prescription.