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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) The defendant around February 2001, Samsung Card Co., Ltd. (hereinafter "Tsung Card")
(3) On October 19, 2002, Samsung Card Co., Ltd. (hereinafter “the instant credit card payment claim”) issued and used a credit card from Samsung Card Co., Ltd. (hereinafter “the instant credit card payment claim”). In addition, on Oct. 19, 2002, Samsung Card Co., Ltd. (hereinafter “the instant credit card payment claim”).
(2) On July 31, 2003, Samsung Card transferred the instant credit card payment claim to a limited liability company specializing in the Ambs-backed securitization (hereinafter “Ams”), and on September 5, 2003, Ams notified the Defendant of the fact of transferring the instant credit card. On March 31, 2008, Ams changed its trade name to a “Promotion Savings Bank Co., Ltd.” (after it), and on May 20, 2013, Ams transferred the instant credit card payment claim to the Defendant and notified the Defendant of the fact of transferring the credit card payment claim on May 6, 2008.
3) As of December 30, 2014, the principal amount of the instant credit card price claim remains in KRW 1,069,728, and in the meantime, interest or overdue interest occurred in KRW 4,148,579. [The fact that there is no dispute over the grounds for recognition, each entry of KRW 1,2, and evidence Nos. 1, 2, and 3, and the purport of the entire pleadings, as a whole.
B. According to the above facts of determination, barring any special circumstance, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum to the Plaintiff, who is the bankruptcy trustee of the Promotion Savings Bank, the final transferee of the Credit Card Payment Claim (= principal KRW 4,148,579, etc.) and the balance of principal KRW 1,069,728, which is the day following the above calculation date of interest, within the scope of overdue interest rate of KRW 1,069,728, as sought by the Plaintiff from December 31, 2014 to the day of full payment.