beta
Text
1. Revocation of a judgment of the first instance;
2. As to KRW 21,683,682 and KRW 16,005,476 among the Plaintiff, the Defendant was on June 9, 2018.
Reasons
1. Basic facts
A. On December 2014, the Defendant agreed to faithfully implement the credit card contract (hereinafter “instant credit card contract”) with C Co., Ltd. (hereinafter “C”) according to the terms and conditions of the credit card holders. Around that time, the Defendant issued a credit card from C with the credit card merchant, etc. using the credit card.
B. The overdue interest rate based on the standard on March 3, 2016, as the overdue interest rate under the instant credit card contract, is 23.5% to 27.9%.
C. On January 1, 2017, C entered into a 13rd credit transfer agreement with D Co., Ltd. (hereinafter “D”), and on March 3, 2017, C transferred credit incurred under the instant credit card contract (56,875 won including principal 16,078,780, waterway/interest/legal expenses, etc. as of March 3, 2017) to the Defendant around that time.
D On December 26, 2017, when entering into an asset transfer agreement with the Plaintiff, the Plaintiff transferred the credit concerning the instant credit card contract (the principal amount of KRW 16,005,476 as of October 31, 2017, overdue interest of KRW 3,411,129, and other expenses of KRW 12,196 as of the date of the transfer of credit), and upon delegation from D, the Plaintiff notified the Defendant of the transfer on January 2018.
E. As of June 8, 2018, claims regarding the instant credit card contract that the Plaintiff acquired are KRW 16,005,476, the principal balance of which is KRW 3,411,129, and interest rate is KRW 2,267,07 after the transfer from November 1, 2017 to June 8, 2018.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 5, 6, 7 (including additional numbers), Gap's order to submit financial transaction information to C, the whole purport of the pleadings
2. According to the above facts of recognition and the purport of the entire pleadings, the Defendant transferred to the Plaintiff totaling KRW 21,683,682 as of June 8, 2018 under the instant credit card contract that the Plaintiff acquired by the Plaintiff = the principal amount KRW 16,005,476.