beta
Text
1. The defendant shall pay to the plaintiff the amount of KRW 42,029,389 and KRW 15,967,703 from August 14, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Defendant approved that the bank credit transaction basic terms and conditions and the credit card holders’ terms and conditions apply as indicated below, and received loans from creditor financial institutions or issued credit cards.
The defendant did not pay the principal and interest of the above loan and the credit card fee, and the debt details as shown in the table are as of August 13, 2014.
Division Financial Institution's loan balance (unit: 10,431,91, 16, 474, 124 2 new Credit Card Co., Ltd., 5,535, 7129, 587, 562 in total 15,967, 70326,061,6866
B. On April 10, 2009, the above financial institutions transferred all of the claims held against the defendant to the plaintiff (the Credit Counseling Fund at the time). The plaintiff was delegated by the above creditor financial institutions with the authority to notify the assignment of claims to the defendant on December 2, 2009, and the above notification was delivered to the defendant around that time.
C. The rate of damages for delay determined by the Plaintiff is 17% per annum from the day after the date when assets of each claim are fixed to the day of full payment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, 6, 7, and 10, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest that the Plaintiff received (i.e., KRW 15,967,703, KRW 26,061,686) and damages for delay calculated at the rate of 17% per annum pursuant to the agreement from August 14, 2014 to the date of full payment, which is the day following the above base date, to the day of full payment, for KRW 15,967,703.
B. The defendant's defense is a defense that the five-year extinctive prescription has already been completed, even if the period of payment of the claim for the amount of the above loan was already due ( October 27, 2005) and the date of asset confirmation ( February 28, 2009) with respect to each of the above loan claims at the time of the filing of the lawsuit in this case.
Modern, A.