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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 19,729,407 and KRW 4,002,028 among the Plaintiff, respectively, on April 23, 2019.
Reasons
1. Facts of recognition;
A. The Defendant entered into a credit card transaction agreement with C Co., Ltd. and D Co., Ltd. (hereinafter collectively referred to as “foreign Co., Ltd.”), and agreed to pay credit card fees pursuant to the above credit card transaction agreement according to the agreed repayment method.
B. 1) The credit card use fee claim against the Defendant of C Co., Ltd. under the above credit card transaction agreement was assigned to C Co., Ltd. in sequential order pursuant to the contract on the transfer and acceptance of the credit card transaction agreement on July 31, 2003, and each credit transfer was notified at that time. A Co., Ltd. transferred the above credit to the Plaintiff on April 26, 201 under the credit card transaction agreement and completed the notification of the credit card use fee claim under the above credit card transaction agreement against the Defendant of D Co., Ltd. at that time. (2) A transferred the credit card use fee claim to H pursuant to the above credit card transaction agreement on April 15, 2005 pursuant to the credit card transaction agreement. H transferred the above credit claim to the Plaintiff on April 26, 201, and completed the credit transfer notification at that time.
C. The Defendant agreed with the Plaintiff to repay 10,000 won per month for the said two obligations in installments, and accordingly, (i) transferred 41,544 won in total from January 18, 2014 to May 20, 2014 to the virtual account in the name of the Defendant, and (ii) transferred 458,456 won in total from January 18, 2014 to May 20, 2014 to the virtual account in the name of the Defendant, and (iii) transferred 441,544 won in total from January 18, 2014 to May 20, 2014 to the virtual account in the name of the Defendant.
As of April 22, 2019, as of April 22, 2019, a credit card use-price claim of 1 C Co., Ltd. is a underlying claim.