beta
Text
1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 846,084 and KRW 534,748 among them.
Reasons
1. In the first instance trial, the Plaintiff sought payment of the credit card use price, the small credit loan price, the ordinary fund loan price taken over from the credit union, and the credit card use price taken over from the Samsung Card Co., Ltd. (hereinafter “Moman Capital”), which the Plaintiff received from the Defendant. The first instance court dismissed the Plaintiff’s claim as to the claim that was taken over from Hyundai Capital, and accepted the remainder of the claim.
Since the plaintiff appealed against this, the scope of the judgment of this court is limited to the claims that the plaintiff acquired from Hyundai Capital.
2. Indication of claim; and
A. On July 27, 2010, the Defendant entered into a contract for the use of a credit card with Hyundai Card Co., Ltd. (hereinafter “On-site card”) and delayed payment of the cost of use (hereinafter “the instant claim”).
B. On June 21, 2013, the Hyundai Card transferred the instant claim to Hyundai Capital and notified the Defendant of the fact of the assignment of the said claim. On April 25, 2014, the Plaintiff notified the Defendant of the fact of the assignment of the claim by taking over the instant claim again from Hyundai Capital Capital and being delegated with the power to notify the assignment of claim from Hyundai Capital Capital.
C. The instant claim is the principal remaining as of February 16, 2014, KRW 534,748; the agreed interest and delay damages plus KRW 311,336 in total (=246,332 KRW 65,004). The Plaintiff’s interest rate for delay is 17% per annum within the scope of the initial agreed delay damages rate between the Hyundai Card and Hyundai Card.
Therefore, the defendant shall pay to the plaintiff 846,084 won (=534,748 won 31,336 won) and damages for delay calculated at the rate of 17% per annum as requested by the plaintiff within the limit of the agreed damages for delay from February 17, 2014, which is the day following the above basic date to the day of full payment.