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1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. In the first instance court, the Plaintiff sought, at the same time, the payment of the credit (24,453,103, and damages for delay of KRW 6,775,302, as well as damages for delay of KRW 6,775,302) acquired from E Co., Ltd. except for the credit card payment claims received from C Co., Ltd. and D Co., Ltd. (hereinafter “C/D transfer claims”), as seen below, with respect to the Defendant. The first instance court dismissed the part of the claim for transfer claims and accepted only the part of the claim for payment of C/D transfer claims.
Since only the defendant appealed against this, the subject of this Court's adjudication is limited to the claim of transfer claims as above.
2. Facts of recognition;
A. The Defendant concluded a credit card contract with Nonparty C Co., Ltd. and D Co., Ltd., and around May 31, 2013, the unpaid principal amount came to reach KRW C15,351,428, D2,400,000.
B. On June 23, 2014, Nonparty C Co., Ltd and D Co., Ltd entrusted the Plaintiff with the right to notify transfer while transferring the credit card user’s claim to the Plaintiff. On the same day, the Plaintiff sent the notice of transfer to the Defendant on the same day. The above notice of transfer contains the statement that Nonparty Co., Ltd. entrusted the right to notify the Plaintiff to the Plaintiff who is the assignee of the credit, and the lower part of the notice includes the statement that “this mail was sent by registrationF on June 23, 2014.”
C. As of September 26, 2017, the principal and interest of the Plaintiff’s claim against the Defendant are as follows.
C Credit Cards 15,351,428 33,467,439 48,818,867,867 2D credit cards 2,400,00 5,217,105 7,617,617,428,428,684,545,972 136,435,972 [Grounds for Recognition: 1,2,44, and 5]
3. According to the above facts of recognition, the defendant shall pay the remaining credit card principal of the C/D transfer claim to the plaintiff, except in extenuating circumstances.