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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 1,705,704 and KRW 1,307,098 among the Plaintiff and its KRW 1,307,098 on May 5, 2018.
Reasons
1. Basic facts
A. On June 2013, the Defendant agreed to faithfully implement the credit card contract (hereinafter “instant credit card contract”) with C Co., Ltd. (hereinafter “C”) according to the terms and conditions of the credit card holders. Around that time, the Defendant received a credit card from C and used the credit card in credit card stores, etc.
B. The overdue interest rate based on the standard on March 3, 2016, as the overdue interest rate under the instant credit card contract, is 23.5% to 27.9%.
C. On January 1, 2017, C entered into a 13rd credit transfer agreement with D Co., Ltd. (hereinafter “D”), and on March 31, 2017, C transferred bonds arising under the instant credit card contract (such as principal 1,307,098, waterway/interest/legal expenses, etc. as of March 31, 2017) to the Defendant around that time.
D On September 11, 2017, when entering into an asset transfer agreement with the Plaintiff, the Plaintiff transferred the credit concerning the instant credit card contract (the principal amount of KRW 1,307,098, overdue interest of KRW 150,616 as of July 31, 2017 as of the date of transfer) and notified the Defendant of the transfer at that time.
E. A claim regarding the instant credit card contract that the Plaintiff acquired by transfer is KRW 1,307,098 as of May 4, 2018, and the interest rate is KRW 247,990 after the transfer from August 1, 2017 to May 4, 2018, and the transfer of the principal amount is KRW 150,616 to July 31, 2017.
[Ground of recognition] 2 to 7 evidence Nos. 2 to 7 (including paper numbers), the result of the order issued by the court of the trial to submit financial transaction information to C, the purport of the whole pleadings
2. According to the facts of the above recognition and the purport of the entire pleadings, the Defendant, upon the Plaintiff’s transfer of the credit card amount as of May 4, 2018, totaling KRW 1,705,704 (=interest 150,616 won prior to the transfer from August 1, 2017 to May 4, 2018, and interest 247,990 won after the transfer from August 1, 2017 to May 31, 2018).