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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 2,001,176 and KRW 962,50 among them.
Reasons
1. The plaintiff sought payment of the claim against the defendant from Hyundai Capital and Enterprise Bank. The court of first instance rejected the claim as to the claim that the defendant acquired from Hyundai Capital and the claim as to the claim that the company acquired from the Enterprise Bank.
Since the plaintiff appealed against this, the subject of the judgment of this court is limited to claims concerning the claims asserted to have been taken over from the corporate bank dismissed by the court of first instance.
2. Determination as to the cause of action
A. The Defendant did not pay the amount for the use of a credit card issued by an enterprise bank on August 7, 2007. As of May 31, 2013, the credit card use amount in arrears as of May 31, 2013 is the principal amounting to KRW 962,500 (No. 759,842). 2) A corporate bank transferred the credit card use payment claim against the Defendant to the Plaintiff on June 28, 2013. Upon delegation from the enterprise bank, the Plaintiff notified the Defendant of the fact of transferring the credit card transfer on June 23, 2014.
3) Meanwhile, as of February 11, 2015, the sum of principal and interest on the Defendant’s obligation to use the credit card as of February 11, 2015 (i.e., principal KRW 962,50,00, interest KRW 1,038,676) is the interest rate for delay determined by the Plaintiff’s Business Regulations within the scope of the interest rate for delay of the purchase claim. The interest rate for delay determined by the Plaintiff’s Business Regulations is 17% per annum. [No. 1-2, A-2, 2-2, 5, and 6, respectively, based on recognition,
B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the total amount of KRW 2,001,176 and the principal amount of KRW 962,50, which is the day following the above calculation base date, 17% per annum from February 12, 2015 to the day of complete payment.
3. Thus, 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. Thus, the plaintiff's appeal is dismissed.