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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 18,571,350 and 9,565 among them.
Reasons
1. Facts of recognition;
A. (1) On April 17, 2002, the Defendant subscribed to Samsung Card Co., Ltd. (hereinafter “Tsung Card”) as a credit card member, and obtained and used a credit card around that time. Samsung Card transferred its credit card payment claim against the Defendant on June 28, 2013.
B. On August 29, 2005, the Defendant subscribed as a credit card member to the National Bank of Korea (the credit card business portion of the National Bank of Korea, a stock company, was transferred to the KNB card, which was divided on March 2, 2011; hereinafter “KNNN card”) and used by obtaining credit cards around that time. The KNF card transferred its credit card payment claim against the Defendant on June 21, 2013 to the Plaintiff.
B. On June 23, 2014, the Plaintiff delegated the notification authority from Samsung Card and KNF National Card, and notified the Defendant of each of the above assignment of claims in writing.
C. As of October 12, 2015, the above credits that the Plaintiff acquired are KRW 19,730,695 in total, including the principal and interest (including interest on delay) of credit card use charges of KRW 10,391,973 and KRW 9,338,72 as indicated below.
C. 5 10,391,91,973 5,156,87,879,87,843 4,879,843 19,730,695,695, 10,350,000 Samsung National Card No. 9,565,293, 156,879,849,178 18,571,350 in total, 10,391,9735, 156,879 4,181,843 19,730,695
D. Meanwhile, the overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on the purchased bonds is 17% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings
2. Determination:
A. According to the above facts of determination as to the cause of the claim, barring special circumstances, the Defendant is at the rate of 17% per annum, which is the overdue interest rate of the Plaintiff from October 12, 2015 to the date of full payment, as to the Plaintiff’s total amount of KRW 19,730,695, and the principal amount of KRW 10,391,973, among the total amount of principal.