Text
1. The part of the judgment of the first instance against the plaintiff shall be revoked.
The defendant shall have to the plaintiff 17,120,280 won and its weight7,577.
Reasons
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence 1 to 8 (including the branch numbers in case of additional numbers) by taking into account the overall purport of the pleadings.
The defendant, on February 27, 2008, entered into a credit card use agreement with an enterprise bank and issued a credit card and used it.
On June 29, 2011, a corporate bank transferred to the Plaintiff a credit card use-price claim against the Defendant (the principal amount of KRW 1,483,008 as of April 30, 201).
B. The Defendant concluded a credit card use agreement with the new card company on December 13, 2007 (hereinafter “new card”) and obtained and used a credit card.
On June 21, 2013, the new card transferred the credit card user fee claim against the Defendant (the principal amount 7,577,647 won as of May 31, 2013) to the Plaintiff on June 21, 2013.
C. On January 12, 2015, the Plaintiff, who was delegated with the notification of the assignment of claims by a corporate bank and a new card, received the notification of the notification of the assignment of claims by public notice of declaration by the court 2014Kao3001, and accordingly notified the Defendant of the fact of the assignment of claims by public notice.
As of January 14, 2014, the overdue interest rate determined by the Plaintiff applicable to each of the above receivables is 17% per annum, and as of January 14, 2014, the principal of the credit card usage fee to the Defendant’s corporate bank was 1,483,00 won, the interest accrued up to that point is 858,950 won, the principal of the credit card usage fee for the Defendant’s new card was 7,57,647 won, and the interest accrued up to that point is 9,542,63 won.
2. According to the above facts of determination, the defendant 19,462,238 won (=the principal of an enterprise bank 1,483,008 won with interest or delay delay damages on the credit card of 858,950 won with interest or delay damages on the bank of 858,542,63 won with interest or delay damages on the credit card of 1,483,000 won with the principal of an enterprise bank) and the principal amount of 9,060,65 won among them = 65 won.