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1. The defendant shall pay to the plaintiff KRW 48,787,160 and KRW 13,989,039 among them, from January 17, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On October 20, 2001, the Defendant entered into a credit card theory with Samsung Card Co., Ltd. (hereinafter “Co., Ltd.”) and received loans from Samsung Card three times around that time.
B. On June 5, 2013, the Defendant lost the benefit of time due to the delinquency of the principal and interest of each principal and interest, each of the above loans was assigned in sequence to Solomon Mutual Savings Bank, Neassian Limited Liability Company, and the Plaintiff, and each of the above transfers was notified to the Defendant.
C. Meanwhile, the balance of the first loan as of December 2, 2014 is the principal of KRW 3,539,300 and interest of KRW 7,980,223, the balance of the second loan is the principal of KRW 4,837,823 and interest of KRW 11,454,607 and interest of KRW 13,989,039 and interest of KRW 34,79,039 and interest of KRW 22,36,362 and interest of KRW 54,232,951.
[Grounds for recognition] Evidence Nos. 1 through 8, the purport of the whole pleadings
2. Determination
A. According to the above facts as to the cause of the claim, the defendant is obligated to pay to the plaintiff the sum of the principal and interest of the above loan of KRW 76,59,313 ($22,366,362 + KRW 54,232,951 + KRW 54,232,951) and delay damages for the principal amount of KRW 22,36,362.
B. In regard to the Defendant’s defense of extinctive prescription, the Defendant asserted that each of the above principal and interest of loan became extinct by prescription. Therefore, there is no dispute between the parties that 5 years have elapsed from the due date of each of the above claims as of December 29, 2014, which was the date of the instant lawsuit, and thus, the foregoing primary and secondary claims were extinguished by prescription.
Therefore, the defendant's defense against this part is justified.
However, in full view of the purport of Gap evidence 10 as a whole, Samsung Card filed an order for payment of the principal and interest of Samsung Card with the Ulsan District Court 2005 tea6743 on May 3, 2005 and the above order for payment was finalized on the 26th of the same month. According to the above facts, the above third principal and interest of the loan can be acknowledged.