1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On October 24, 2003, around October 24, 2003, the Defendant’s delayed payment of C Bank loans and D Card bills is as follows.

CD B

B. On October 24, 2003, C Bank and D Card concluded an asset transfer agreement with E Co., Ltd. (hereinafter “E”) and transferred loans and credit card payments claims against the Defendant (hereinafter “instant bonds”). On the same day, E re-transfer the instant bonds to the Plaintiff in accordance with the Asset-Backed Securitization Act.

C. On December 18, 2003, C Bank and D Card, E and the Plaintiff delegated the authority to notify the assignment of claims from C Bank and D Card, sent content-certified mail to the Defendant’s domicile, and notified the assignment of claims.

The plaintiff makes a blanket application of the interest rate of 17% per annum on the claims he received from financial companies.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. In the absence of special circumstances, the Defendant is obligated to pay to the Plaintiff who finally acquired the instant claim the amount of KRW 7,826,014, which is the sum of the overdue loan and the card payment, and damages for delay calculated at the rate of 17% per annum as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 25, 2003 to March 22, 2008, the delivery date of the instant complaint, as sought by the Plaintiff, within the scope of the agreed interest rate for delay from October 25, 2003 to March 22, 2008, and damages for delay calculated at the rate of 20% per annum from the next day to the day of full payment (amended by Presidential Decree No. 26553, Sep. 25, 2015).

3. Judgment on the defendant's assertion

A. As to the assertion of defects in the assignment of claims, the defendant did not have been notified from the transferor to E of the transfer of the claim in this case, and E is not a legitimate transferee of the claim in this case, and the plaintiff was transferred the claim in this case from the non-authorized transferee.