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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 7,323,689 and 6,09 among them.
Reasons
1. In the first instance trial, the Plaintiff sought payment of each claim that the Defendant acquired from Hyundai Capital, National Card, Samsung Bio-resources, Samsung Card, and Han Card. The first instance court accepted each claim based on Hyundai Capital, Samsung Bio-resources, Samsung Card, and Han Card, and dismissed the claim based on the claim that the Defendant acquired from the National Card.
Since this Court appealed only the plaintiff, the scope of this Court's adjudication is limited to claims based on the claims asserted by the plaintiff to have taken over from the National Card.
2. Determination on the cause of the claim
A. On September 20, 2009, the Defendant used a credit card re-issuance from the national card. 2) On June 21, 2013, the Plaintiff received a credit card payment claim from the national card to the Defendant, received a delegation of the authority to notify the assignment of the credit card, and notified the Defendant of the assignment of the credit on December 12, 2014, and the said notification reached the Defendant around that time.
3) The principal and interest of the credit card-based claim is KRW 7,323,689 (i.e., principal 6,099, 315 won for delay 1,224,374) as of August 5, 2014 (i.e., principal 6,09, 315 won for delay), and the interest rate on delay of the above credit card-based claim is 17% per annum from August 6, 2014 to the date of closing argument in the trial. [Grounds for recognition] Items A, 2, 3, 5, 9, 10 evidence (including virtual numbers), and the purport of the entire pleadings.
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum, which is the agreed interest rate of KRW 7,323,689, and KRW 6,099,315, which is the principal of the above claim, from August 6, 2014 to the date of full payment.
3. In conclusion, the plaintiff's claim of this case is reasonable, and the part against the plaintiff in the judgment of the court of first instance is unfair, and thus it is so revoked and the defendant is ordered to pay the above money to the defendant. It is so decided as per Disposition.