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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 April 16, 1996, the Defendant borrowed KRW 5,000,000 from the Gyeonggi Bank (hereinafter “Game Bank”) as of April 15, 199 and applied for membership of a credit card member to the said Gyeonggi Bank on April 26, 1996, and received a credit card from the Gyeonggi Bank.
B. Around June 29, 1998, the Gyeonggi Bank transferred to the Plaintiff a credit card payment claim of the principal amount of KRW 3,180,974 against the Defendant, and interest or delay damages thereon (hereinafter “first claim”), principal amount of KRW 10,781,966, and interest or delay damages thereon (hereinafter “second claim”). A credit card payment claim of KRW 10,781,96 with respect to the second claim, the Gyeonggi-si bank sent a notice of assignment to the Plaintiff via a content-certified mail with respect to the second claim.
C. The remaining principal of the instant Claim No. 1 until February 28, 2013 is KRW 3,180,974; damages for delay is KRW 8,769,726; the remaining principal of the instant Claim No. 2 is KRW 10,781,966; damages for delay is KRW 30,683,120; and damages for delay is 18%, respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including additional numbers) and the purport of the whole pleadings [the defendant did not have prepared Gap evidence Nos. 2-1 and Gap evidence Nos. 2-2 (the application for membership of a credit card member of a bank)], and the defendant's seal affixed No. 2-2-2 is denied the establishment of each authenticity. However, in full view of the whole purport of arguments as stated in the evidence No. 5 and No. 6, Gap evidence No. 2-1 is accompanied by the defendant's identification card No. 1, and the copy is affixed with a seal to the purport that the bank employees in charge of the business at the time of preparation of the above monetary loan agreement have confirmed the defendant's identity, ② evidence No. 6 (in the case of the application for membership of a credit card member of a bank, the defendant's identity is not based on the seal of the defendant.