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1. The defendant shall pay to the plaintiff the amount of KRW 40,878,571 and KRW 26,849,096 from December 16, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On November 30, 199, the Defendant agreed to pay late payment in accordance with the interest rate set by the Co., Ltd. and lost the benefit of time by failing to pay the credit card payment from March 26, 2013, when subscribed to the credit card holders of the Korea CTR Bank (hereinafter “C”) and did not pay the credit card payment.
B. On September 25, 2014, the Plaintiff acquired a credit card claim, such as credit card payments, from the Cmat Bank to the Defendant, and received a delegation of all of the transfer procedures, such as notification of the assignment of credit, and notified the Defendant of the assignment of credit on behalf of the Cmat Bank on October 21, 2014.
[Defendant asserted to the effect that he did not receive the notification of the assignment of claims from the Plaintiff, but according to the statement in Gap evidence No. 3, it is acknowledged that the Plaintiff was acting for the Defendant on October 21, 2014 with the authority to notify the assignment of claims by content-certified mail. In a case where the mail verifying the content-certified mail was sent and not returned differently, it is reasonable to deem that it was served at that time unless there is any evidence to acknowledge that the mail verifying the contents sent by the Plaintiff was returned (see, e.g., Supreme Court Decision 2000Da20052, Oct. 27, 200). Thus, insofar as there is no evidence to support that the content-certified mail sent by the Plaintiff was returned, it is reasonable to deem that the Defendant was duly notified of the assignment of claims. Even if that is not so, it is apparent that the above notice of assignment of claims submitted with the documentary evidence was served to the Defendant on March 13, 2015, thereby recognizing the validity of the notification of assignment of claims).
As of December 15, 2014, debts such as the above credit card price borne by the defendant as of December 15, 2014 are KRW 26,849,096 as principal debts and overdue interest KRW 14,029,475 as well as overdue interest KRW 40,878,571 as principal debts, and overdue interest rate is KRW 29.9% per annum.
[Ground of recognition] Facts without dispute, and described in Gap evidence 1 to 6.