1. Revocation of the first instance judgment.

2. The Defendant’s KRW 11,50,502 and KRW 3,523,116 among the Plaintiff and the Plaintiff’s KRW 21 August 21, 2013.

Facts of recognition

On December 31, 2001, the Defendant concluded a credit card use contract with Samsung Card Co., Ltd. and received a credit card and delayed use of the credit card.

Samsung Card Co., Ltd. received an order from the above court to pay the Defendant the payment amount of KRW 3,765,040 and the amount of KRW 3,523,116 from December 15, 2002 to the date of complete payment, to pay KRW 11,800 per annum for Samsung Card Co., Ltd. with the amount of KRW 24% per annum from December 15, 2002 to the date of full payment. The above payment order was served on the Defendant on December 23, 2012 and became final and conclusive on January 7, 2003.

Samsung Card Co., Ltd. transferred the credit card payment claim against the Defendant on April 30, 2003 to a limited liability company specializing in the Asset-Backed Securitization. On May 22, 2003, Samsung Card Co., Ltd. notified the Defendant of the fact of the transfer of credit in accordance with Article 7 of the Asset-Backed Securitization Act.

Since then, on February 29, 2008, the USS limited company specialized in the securitization transferred the above claim against the defendant to a mutual savings bank promoting the above claim, and notified the defendant of the transfer on May 6, 2008.

On April 10, 2009, the Plaintiff (former: the Credit Counseling and Recovery Fund) received a credit card payment claim from the promotion mutual savings bank, delegated the power of notification of the transfer of claims from the promotion mutual savings bank, and notified the Defendant of the transfer on behalf of the Defendant on December 2, 2009.

The above credit card-price claim is the principal amount remaining as of August 20, 2013, KRW 3,523,116; interest and delay damages are the total of KRW 11,50,502 in total of KRW 7,977,386 (hereinafter “instant claim”); and the rate of delay damages claimed by the Plaintiff within the scope of the initial agreed delay damages rate between Samsung Card Co., Ltd and Samsung Card Co., Ltd. is 17% per annum.

【Ground for recognition A】