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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 34,685,557 and 17,176 among them.
Reasons
1. In the first instance court, the Plaintiff sought payment of the credit card usage fee claim against the Defendant, the credit card use fee claim of the agricultural cooperative, and the principal and interest claim of the bank. The court of first instance accepted the portion of the credit card usage fee claim of the Korean card and the agricultural cooperative, and dismissed the part of the principal and interest claim of the bank.
Since only the plaintiff appealed against this, the subject of this Court's adjudication is limited to the above part of the claim.
2. Determination
A. On September 1, 2008, the Defendant approved the application of the Basic Terms and Conditions for Credit Transactions by the Bank. The Defendant borrowed KRW 15 million from the Bank of Korea on September 1, 2008. The above principal and interest interest claim was finally transferred to the Plaintiff on June 21, 2013 through SBI (SI) Savings Bank, and was duly assigned to the Defendant around that time.
The principal and interest of the loan that was not paid as of December 15, 2013 is totaling KRW 34,685,557 (principal principal KRW 17,176,927 and delay damages KRW 17,508,630). The agreed delay damages rate is 17% per annum.
【Ground of recognition】 Evidence Nos. 1, 2-2, 5, 7-1 through 3-3, the purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the damages for delay calculated by an agreement of 17% per annum from December 16, 2013 to the date of full payment of the principal amount of KRW 34,685,557 and KRW 17,176,927.
3. If so, the plaintiff's claim for the above part of the judgment of the court of first instance, which concluded differently, is unfair, and thus, the part against the plaintiff among the judgment of the court of first instance against the plaintiff is revoked and order the payment of the above money to be ordered. It is so decided as per Disposition.