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1. Of the judgment of the court of first instance, the part against the plaintiff regarding the money ordered to be paid below shall be revoked.
The defendant.
Reasons
1. The following facts are acknowledged in full view of each statement in Gap evidence Nos. 1 and 5.
A. The Defendant concluded a credit card transaction agreement with C Co., Ltd. (hereinafter “C”) and received credit cards from C.
B. On December 18, 2018, C transferred the principal and interest of a card to the Defendant to D Co., Ltd. (hereinafter “D”), and notified the Defendant of the transfer of the credit by content-certified mail on December 21, 2018, and the notification was sent to the Defendant around that time.
C. On April 2, 2019, D transferred the principal and interest of a credit card to the Defendant by entering into an asset acquisition agreement with the Plaintiff, and at that time notified the Defendant of the assignment of the credit by content-certified mail and sent the notification to the Defendant at that time.
Meanwhile, even if the Defendant used a credit card issued by C, it did not pay the principal and interest of the credit card under the said credit card transaction agreement for at least three months, thereby losing the benefit of time. As of July 4, 2019, when the Defendant calculated the principal and interest of the unpaid card, the Defendant would be the sum of KRW 1,074,439 (= Principal KRW 995,580).
2. According to the above facts, the defendant is obligated to pay damages for delay calculated at the rate of 12% per annum under the Civil Act from January 7, 2020, the day following the delivery date of the application for the payment order of this case to December 18, 2020, and 5% per annum under the Civil Act until December 18, 2020, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as requested by the plaintiff, with respect to the principal and interest of 1,074,439 won and principal of 99,580 won which are unpaid to the plaintiff.
3. According to the conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remainder shall be dismissed as there is no ground, and the judgment of the court of first instance shall be dismissed.