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1. Revocation of a judgment of the first instance;
2. As to KRW 23,563,563 among the Plaintiff and KRW 19,28,733 among the Plaintiff, the Defendant on June 2, 2018.
Reasons
1. Basic facts
A. On March 2016, 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 received a credit card from C and used the credit card in credit card stores, etc.
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 August 2, 2017, C transferred credit incurred under the instant credit card contract (such as the principal amount of KRW 19,28,73 won as of August 2, 2017, and the waterway/interest/legal expenses, KRW 408,149 won as of August 2, 2017) to the Defendant around that time.
D On January 19, 2018, when concluding an asset transfer agreement with the Plaintiff, D transferred the credit concerning the instant credit card contract (the principal amount of KRW 19,288,733 as of December 31, 2017, overdue interest of KRW 2,387,176 as of the date of the transfer of credit), and notified the Defendant of the fact of transfer on February 2018.
E. As of June 1, 2018, claims regarding the instant credit card contract that the Plaintiff acquired are KRW 19,288,73, and interest interest accrued prior to the transfer between December 31, 2017 and December 31, 2017, including KRW 2,387,176, and KRW 1,887,654, as of June 1, 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 aforementioned facts and the purport of the entire pleadings, the Defendant’s total amount of claim as of June 1, 2018 under the instant credit card contract that the Plaintiff acquired by the Plaintiff = 23,563,563 won = Interest 2,387,176 won prior to the transfer to December 31, 2017, which is the date of transferring transfer of principal amount of KRW 19,28,733, the credit card contract of this case that the Plaintiff acquired by the Plaintiff, from January 1, 2018.