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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 5,472,889 and 3,172 among them.
Reasons
1. The Plaintiff filed a claim for the respective amount of money transferred from the new card, our card, citizen card, cream card, immediately refind, findy loan, lot card, and one (foreign exchange bank) bank in the first instance trial. The court of the first instance accepted only the remaining amount of money transferred except the claim for the amount of money transferred from the national card of the corporation, and dismissed the claim for the amount of money transferred from the national card of the corporation.
As the plaintiff appealed, the scope of the judgment of this court is limited to the claim for the acquisition money from the National Card Co., Ltd.
2. In full view of the overall purport of the pleadings as to the cause of the claim, the Defendant obtained and used a credit card from the National Card Co., Ltd., and failed to pay KRW 3,172,345, based on the overall purport of the pleadings, as a whole, the judgment on the cause of the claim was examined. The Defendant’s national card transferred the above claim against the Defendant on June 21, 2013, and notified the Defendant of the transfer of the said claim upon delegation of the authority to transfer the claim from the National Card, and as of January 19, 2017, notified the Defendant of the fact that the principal of the above claim was KRW 3,172,345, overdue interest at KRW 2,300,544.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 5,472,889 (= KRW 3,172,345, KRW 2,300,544) and damages for delay calculated at the rate of KRW 3,172,345 per annum from January 20, 2017 to the date of full payment.
3. As such, the part of the Plaintiff’s claim for the amount of money transferred from the Plaintiff’s national card is justified, and the part against the Plaintiff among the judgment of the first instance, which concluded otherwise, is unfair, and thus, it is revoked by accepting the Plaintiff’s appeal and ordered the Defendant to pay the above amount of money. It is so decided as per Disposition.