1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 1,155.

1. Basic facts

A. The Defendant applied for membership with a credit card to Hyundai Card Co., Ltd. (hereinafter “former Card”) and used the card with the credit card, and delayed payment of the card price. The sum of the principal amount of the card price in arrears as of April 5, 2016, the sum of the principal amount of KRW 1,076,850, and the unpaid interest, delay damages, etc. is KRW 78,286.

(hereinafter “instant claim”). (b)

On March 8, 2016, Hyundai Card transferred the instant claim to the Plaintiff, and notified the Defendant of the assignment of claim on March 11, 2016.

On July 7, 2017, the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff. On July 27, 2017, the Plaintiff’s Intervenor notified the Defendant of the assignment of claim on behalf of the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Intervenor succeeding to the Plaintiff, who acquired the instant claim from the Plaintiff, the sum of the principal and interest of the instant claim (=1,076,850 won 78,286 won) and damages for delay calculated at the rate of 25% per annum for the Intervenor succeeding to the Plaintiff within the scope of the agreement from April 6, 2016 to the date of full payment.

On the other hand, since the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff, it is not possible to seek the payment of the above transfer money against the Defendant.

3. As such, the plaintiff's claim is dismissed as it is without merit, and the plaintiff's claim shall be accepted with merit. Since the judgment of the court of first instance is unfair with different conclusions, the judgment of the court of first instance shall be revoked, the plaintiff's claim shall be dismissed, and the plaintiff's claim by the plaintiff's successor who succeeded in the court of first instance shall be accepted with merit. It is so decided as per Disposition.