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The judgment of the first instance shall be revoked.
The defendant shall pay to the plaintiff KRW 967,524 and KRW 805,531 among them from June 5, 2018.
Reasons
1. Facts of recognition;
A. On January 2016, the Defendant applied for membership with a credit card to C, and issued a credit card on January 21, 2016, and the Defendant thereafter delayed payment of the credit card price.
The overdue interest rate on the credit card price agreed between the defendant and C is 23.5% to 27.9%.
B. On September 11, 2017, C Co., Ltd. transferred to D Co., Ltd. a credit card payment principal and interest to the Defendant, and notified the Defendant thereof around that time.
D Co., Ltd. transferred the above principal and interest claim to the Plaintiff on February 21, 2018, and the Plaintiff, on March 13, 2018, notified the Defendant of the fact of transfer based on the power of notification of assignment of claims delegated by D Co., Ltd.
C. The total amount of principal and interest as of June 4, 2018 is KRW 967,524, and the principal among them is KRW 805,531.
[Grounds for recognition] The items in Gap evidence Nos. 1, 3, and 9, and the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 23.5% per annum in favor of the Defendant, as claimed by the Plaintiff, among the above overdue interest rates from June 5, 2018 to the date of full payment, with respect to KRW 967,524 and the principal amount of KRW 805,531, which is the following day of the above base date.
3. If so, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and thus, the plaintiff's appeal is accepted and the above quoted money is revoked and the defendant is ordered to pay the above quoted money. It is so decided as per Disposition