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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. The Defendant owed to Hyundai Card Co., Ltd. the obligation of KRW 27,717,467 of cash service and card loan principal, KRW 904,453 of interest, delay damages, KRW 363,165 of cash service fee, KRW 145,133 of cash service fee, and KRW 300 of Sms fee. The overdue interest rate of the above obligation is 24.5% per annum.
(Interest, delay damages, etc. are the amount calculated by calculating the amount incurred until the date of October 8, 2014). (b)
On September 30, 2014, Hyundai Card Co., Ltd. transferred credit card-related claims against the Defendant to the Plaintiff, and on October 2, 2014, notified the Defendant of the transfer of claims.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 29,130,518 (i.e., KRW 27,717,467 KRW 904,453 KRW 363,165 KRW 145,130) and the amount of KRW 27,717,467 among the total amount of KRW 27,717,467, calculated by the agreement from October 9, 2014 to the date of full payment.
In this regard, the defendant asserts that he will repay the plaintiff's obligation according to the repayment plan in the individual rehabilitation procedure because he is scheduled to apply for the individual rehabilitation procedure.
However, there is no evidence that the Defendant applied for individual rehabilitation by the date of the closing of argument in the instant case, and even if the individual rehabilitation procedure is carried out by applying for the future individual rehabilitation, such ground alone does not constitute a defense that can contest the Plaintiff’s claim
The above argument is without merit.
3. If so, the plaintiff's claim should be accepted on the ground of its reasoning, and the judgment of the court of first instance is just in that it is consistent with this conclusion, and the defendant's appeal is dismissed on the ground that it is without merit. It is so decided as per Disposition.