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1. The defendant shall pay to the plaintiff the amount of KRW 81,769,233 and KRW 23,305,987 from October 3, 2015 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition 1) The defendant entered into a contract with Samsung Card Co., Ltd. and credit card holders on October 19, 2000. 2) The defendant delayed to pay the credit card price (including card theory). The Samsung Card Co., Ltd. applied for a payment order against the defendant that "the defendant shall pay to the plaintiff 28,040,632 won and 23,305,987 won with 28% interest per annum from February 21, 2006 to the date of full payment." The above payment order was served to the defendant on March 7, 2006, and the defendant did not raise any objection and was confirmed on March 22, 2006.
(3) As of July 7, 2015, Samsung Card Co., Ltd. (hereinafter “the instant claim”), the Plaintiff (i) transferred the instant claim to the Solomon Savings Bank; (ii) Solomon Savings Bank to the NASS Limited Company; and (iii) the NAS Limited Company 4 to the Plaintiff. On December 9, 2015, the Defendant was notified of the serial transfer of the instant claim; and (iii) the Defendant reached the Defendant around that time. (iv) As of the instant claim as of July 7, 2015, the instant claim contains KRW 81,769,233 in total, including the principal amount of KRW 23,305,987; and (iv) interest amount of KRW 58,463,246.
【Reasons for Recognition】 Each entry of Gap evidence Nos. 2 and 4, the purport of the whole pleadings
B. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at a rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from October 3, 2015 to the day of full payment, with respect to the principal and interest of the instant claim KRW 81,769,233 and the principal and interest of KRW 23,305,987 among the principal and interest of the instant claim.
2. The Defendant alleged that the instant lawsuit was extinguished after five years from the due date of payment of the instant claim, and the Plaintiff asserted that the statute of limitations expired.
As seen earlier, the payment order that Samsung Card Co., Ltd filed against the Defendant was finalized on March 22, 2006.