1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The Plaintiff’s assertion was made by the Defendant with a credit card issued by Hyundai Card Co., Ltd. and delayed payment of the credit card payment. The amount of debt is KRW 208,214 as of August 17, 2010, the sum of KRW 9,412, including the remaining principal, KRW 208,214, fees, interest, and legal expenses.

(A) The Hyundai Card Co., Ltd. transferred each of the instant claims against the Defendant on August 17, 2010, and Hyundai Capital Co., Ltd. on May 20, 2016 to the Plaintiff on May 20, 2016.

Since the Defendant paid KRW 291,498 on January 17, 2012 to the deposit-only account, and KRW 300,911 on March 23, 2012, the statute of limitations was suspended until March 23, 2012.

(A) As of February 7, 2017, the principal amount is KRW 208,214 as of February 7, 2017, and damages for delay is KRW 269,827 (the amount calculated according to the rate of overdue interest rate of KRW 5,00 per annum). Thus, the Defendant is obligated to pay to the Plaintiff delay damages from the day following the delivery date of the original copy of the instant payment order as to KRW 478,041 in total and the principal amount is KRW 208,214 in total.

2. The Plaintiff asserts that the remaining principal amount as of August 17, 2010 is KRW 208,214, fees, interest, and legal expenses are KRW 9,412, and that the interest rate in arrears is KRW 25% per annum. As such, when calculating the amount of the claim in this case as of January 17, 2012, the remaining principal amount is KRW 208,214, KRW 9,412, such as fees, interest, legal expenses, etc. as of August 17, 2010, KRW 73,813,208,214 from August 18, 2010 to January 17, 2012, KRW 208,366 [i.e., KRW 153/36, Aug. 18, 2010] x KRW 3013/36,84,719].

Therefore, even according to the Plaintiff’s assertion, the instant claim was extinguished by repayment on January 17, 2012, and thus, the Plaintiff’s claim is deemed extinguished.