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1. The Defendant shall pay to the Plaintiff KRW 48,100,503 and KRW 14,990,780 among them, 17% per annum from April 17, 2014 to the date of full payment.
Reasons
1. The cause of the claim shall be as shown in the attached Form;
(Provided, That the “creditor” is deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”. 2.
(a) Attached 3-A, c, the cause of the claim;
The written statements in the claim Nos. 1 and 4 alone are insufficient to recognize that the Defendant was granted a credit card loan from Hyundai Card Co., Ltd., and there is no other evidence to acknowledge it. Thus, this part of the claim is rejected.
B. Attached Form 3-B
According to the evidence No. 2 and No. 5 of the part of the claim against the defendant, the new card company (ELV card company prior to the change: EL card company) filed a lawsuit against the defendant for the use of credit card and sentenced that "the defendant shall pay to the new card company the amount of 16,573,826 won and 14,990,780 won which is calculated at the rate of 29.9% per annum from May 12, 2006 to the date of full payment." The above judgment is finalized, and the new card company transferred the principal and interest of the above judgment to the plaintiff on June 21, 2013.
On the other hand, the Plaintiff claimed 48,100,503 won ( principal 14,990,780 won, interest and damages for delay up to April 16, 2014) and damages for delay calculated at the rate of 17% per annum from April 17, 2014 as to principal 14,90,780 won.
Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff 48,100,503 won and damages for delay calculated at the rate of 17% per annum from April 17, 2014 to the date of full payment.
C. The Plaintiff seeking a provisional payment of KRW 275,686 is also seeking the payment of the provisional payment. However, the Plaintiff’s claim does not accept this part of the claim on the ground that there is no proof of assertion as to the said claimant.
3. Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is without merit.