beta
Text
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 1,290,504 and KRW 998,435 among them.
Reasons
1. In the first instance trial, the Plaintiff sought the payment of each claim that the Defendant acquired from the Gas Capital and Samsung Card from the Defendant. The first instance court accepted only the claim based on the claim that the Defendant acquired from the Gas Capital and dismissed the claim based on the claim that the Samsung Card acquired from the Samsung Card.
This Court's judgment is limited to the claim based on the claim asserted that the plaintiff acquired the Samsung Card, which was rejected by the court of first instance, since only the plaintiff appealed against it.
2. Determination on the cause of the claim
A. The Defendant did not pay for the use of the credit card, which was issued by Samsung Card from Samsung Card, and as of May 31, 2013, the credit card use amount in arrears is the principal amount of KRW 998,435 (No. 166,978) (No. 166,978). 2) Samsung Card transferred the credit card use fee claim against the Defendant on June 28, 2013 to the Plaintiff, and the Plaintiff received delegation from Samsung Card on March 31, 2014, and notified the Defendant of the transfer of the credit card assignment.
3) Meanwhile, as of February 24, 2014, the Defendant’s total sum of principal and interest on the Defendant’s above credit card use-price obligation is KRW 1,290,504 (i.e., principal amount of KRW 98,435 Won 292,069). The Plaintiff’s overdue interest rate set forth in the Plaintiff’s Business Regulations within the scope of the agreed delay rate of the purchase-price claim is 17% per annum. [No. 1, No. 1, No. 2, No. 2, 3, 5, and 6 of the evidence, the purport of the entire
B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the interest in arrears calculated at the rate of 17% per annum from February 25, 2014, which is the day following the above calculation base date to the day of full payment, with the total of KRW 1,290,504, and the principal of KRW 998,435, among these amounts.
3. If so, the plaintiff's claim is justified, and the part against the plaintiff in the judgment of the court of first instance is unfair in conclusion, and thus the defendant must be cancelled and ordered to pay the above money.