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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On May 23, 2006, the Defendant purchased two water purifiers (hereinafter “the instant water purifier”) from Han Daily Co., Ltd. (hereinafter “ Han Daily Co., Ltd.”), and agreed to pay KRW 79,000 for a period of 36 months in installments. However, if the Defendant fails to pay the monthly payment, he/she shall pay the arrears at the rate of 3% per month in addition to the arrears amount, and if the monthly payment amount is not made on more than three consecutive occasions, he/she shall lose the benefit of time.
B. At the time of the above agreement, the Defendant paid the down payment of KRW 79,000,00 from June 2006 to June 2006, and did not pay the monthly payment of KRW 2,765,000 among the purchase price of the water purifiers of this case. As to the total unpaid amount, the arrears at the rate of KRW 2% per month, which is within the agreed interest rate of delay damages, for 1,696 days from the time of the Defendant’s loss of interest due, are 3,083,00 in total.
C. Meanwhile, on the other hand, on December 31, 2009, the Han Daily transferred the Defendant’s claim for the purchase price of the instant water purifiers to the Plaintiff, and the Plaintiff notified the Defendant of the transfer of the said claim on behalf of the Defendant on August 2010.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 5,848,000 (=the remainder of KRW 2,765,000,000, which remains after the purchase price of the instant water purifiers) and damages for delay calculated at the rate of KRW 20% per annum from August 26, 201 to the date of full payment, as the Plaintiff seeks, with respect to KRW 2,765,000, whichever is above.
3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.