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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 6,591,505 and its KRW 4,199,200 among the Plaintiff, January 14, 2014.
Reasons
1. The following facts are acknowledged in full view of each statement in Gap evidence Nos. 1 to 5.
A. A. Around May 11, 2001, an agricultural cooperative received an application from the Defendant for a visa card entry and issued a credit card (number B) to the Defendant. The Defendant commenced to use the credit card, but failed to pay the price (hereinafter “the instant credit card price”). The instant credit card price as of May 31, 2013 was the principal amount of KRW 4,199,200, overdue interest amount of KRW 1,948,341.
B. On June 28, 2013, an agricultural cooperative transferred to the Plaintiff all of the instant credit card payments claims against the Defendant (principal principal KRW 4,199,200, interest KRW 1,948,341). On June 23, 2014, the Plaintiff sent a notice of credit transfer signed by an agricultural cooperative’s corporate seal to the transfer confirmation column to the effect that “The credit financial company mentioned below transferred the following claims to the National Diplomatic Fund that the credit financial company held for the obligor under his/her possession pursuant to the bond acquisition agreement entered into with the National Diplomatic Fund, and that it delegated the obligee with the authority to notify the assignee of the credit transfer. Accordingly, the Korean Diplomatic Fund, a transferee, notified you of the fact of the above assignment.” The transfer confirmation column, stating that “The D&D Fund, a transferee, was the principal of the credit transfer statement, KRW 4,199,20, interest KRW 1,948,341.”
C. At present, the rate of overdue interest applied by the Plaintiff to the instant credit card payment is 17% per annum, and the remaining principal is 4,199,200 won, the interest of 1,948,341 won with the previous finalized interest of 1,948, and 17% per annum from May 31, 2013 to January 12, 2014 (227 days), and an additional determined interest of 443,964 won.
2. According to the above facts of determination, the Defendant’s total sum of KRW 6,591,505 (principal principal KRW 4,199,200, interest 1,948,341, additional finalized interest 443,964), and the principal amount of KRW 4,19,200 among them, on January 201, 201.