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1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.
Reasons
1. Facts of recognition;
A. The Defendant obtained credit cards from Hyundai Card Co., Ltd. on June 1, 2009 and used them. On or before May 20, 2016, Hyundai Card Co., Ltd. transferred its credit card use claim against the Defendant to Hyundai Capital Co., Ltd. (hereinafter “Modle Capital”) and notified the Defendant of the transfer of the credit card assignment and the notification thereof to the Defendant, and delivered the notification to the Defendant.
B. On October 12, 2010, Hyundai Capital entered into a credit loan agreement with the Defendant with a loan amount of KRW 9 million per annum, interest rate of KRW 34.99% per annum, overdue interest rate of KRW 43.99% per annum, and period of loan 36 months and implemented the above loan (hereinafter “credit loan”) to the Defendant around that time.
C. On February 23, 2011, Hyundai Capital entered into a loan agreement with the Defendant for a loan of KRW 21.7 million per annum, interest rate of KRW 28.0654 per annum, interest rate of KRW 33% per annum, and interest rate of KRW 36 months, and carried out the said loan to the Defendant around that time (hereinafter “loan”).
The defendant did not pay part of the above credit card use price at the time, and did not pay the principal and interest of the above credit card loan and the purchase fund loan in order to be used for the above credit card loan.
E. On May 4, 2016, Hyundai Capital: (a) decided to liquidate the above credit card use-price claims against the Defendant, credit loans, and credit loans for the second and second loans; (b) registered the transfer of each of the above claims to the Plaintiff as prescribed by the Asset-Backed Securitization Act; and (c) transferred each of the above claims to the Plaintiff on May 20, 2016; and (d) thereafter, on May 23, 2016, the Plaintiff notified the Defendant of the transfer of the above claims pursuant to the said Act and issued the above notification to the Defendant around that time.
F. On the other hand, as of February 26, 2018, the principal and interest of the above credit card use amount, credit loans, and loans for borrowed-end funds are in arrears.