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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. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 as to the cause of the claim, the defendant was issued a credit card from the National Bank of Korea (hereinafter "National Bank"), around August 22, 2000, and the National Bank transferred the above credit card price claim (principal principal amount of KRW 15,806,436 and delay damages) held against the defendant as of April 10, 2009 to the plaintiff. The plaintiff was delegated with the authority to notify the above assignment of credit by the National Bank and notified the defendant of the above assignment of credit on December 2, 2009. The credit card price claim as of August 5, 2014 is the principal amount of KRW 15,806,436, delay damages, total of KRW 25,178,012, and KRW 40,984,448 per annum and delay damages.
According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from August 6, 2014 to the date of full payment of the principal amount of KRW 40,984,448, and the principal amount of KRW 15,806,436.
2. The defendant's defense is proved that the defendant received 10,327,823 won from the additional dividends for KRW 79,117,249 in the Suwon District Court's Voluntary Auction B auction case for real estate owned by the defendant and repaid all of the credit card payment claims.
According to the evidence evidence No. 2, the national bank received 10,327,823 won as additional dividends in the above voluntary auction case on January 6, 2006. Meanwhile, according to the evidence No. 5, the national bank at the time of the above additional dividends, at the time of the above additional dividends, not only the above credit card price claim ( principal 18,395,231 won) but also the company's general driving loan claim (principal principal 48,034,301 won). However, among the above 10,327,823 won, the credit card price claim 2,58,7950,000 won is paid as principal of the credit card price and the remainder of the payment is paid as additional dividends and the company's general driving loan loan.