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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. Facts of recognition;
A. On August 26, 2002, the Defendant obtained a loan by designating 10,000,000 won as interest rate of 10.75% per annum, 18% per annum, 18% per annum, maturity on August 27, 2003, and entered into a credit card membership contract with the Japanese bank on August 27, 2002, and obtained a credit card and used it.
(hereinafter referred to as the “instant claim”) claims, such as the above loan and credit card use fee, etc.
On September 26, 2003, Japan Bank transferred the instant claim to a mutual savings bank that has promoted the instant claim (hereinafter “promotion mutual savings bank”) and notified the Defendant of the assignment of the said claim on November 3, 2003.
Since then, the promotional mutual savings bank filed a lawsuit against the defendant in Seoul Central District Court No. 2008Gapo273485, Nov. 13, 2008 to the effect that "the defendant shall pay to the promotional mutual savings bank 25,009,981 won and 12,766,271 won which shall be calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint to the day of complete payment."
C. On June 15, 2011, the Promotion Mutual Savings Bank transferred the instant claims to the Plaintiff, and delegated the authority to notify the transfer, and the Plaintiff notified the Defendant of the assignment of claims on April 21, 2016.
The claim of this case remains in total of KRW 12,766,271, interest and delay damages in total of KRW 29,529,502, 42,295,773, based on the time of the filing of the lawsuit of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant calculated 15% per annum from September 21, 2017 to the day of complete payment, as sought by the Plaintiff, as to the above KRW 42,295,773, and the principal amount of KRW 12,76,271, among them, to the Plaintiff who acquired the instant claim in succession, barring any special circumstances.