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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 26,961,261 as well as to October 2003.
Reasons
1. Basic facts
A. On January 23, 2002, the Defendant used a credit card upon entering into a credit card membership agreement with the Choungung Bank, which was issued and used. From April 5, 2003, the Defendant delayed payment of the credit card payment amounting to KRW 2,596,660 (hereinafter “instant 1 credit”) and the Defendant used a credit card upon entering into a credit card membership agreement with the Seoul Bank Co., Ltd. (Korean Han Bank Co., Ltd.) on September 15, 2001. From June 30, 2003, the Defendant delayed payment of the credit card payment amounting to KRW 1,760,273 (hereinafter “instant 2 credit”) and ③ used the credit card upon entering into a membership agreement with the Korea Exchange Card Co., Ltd., Ltd., Ltd., and incurred the principal amount of KRW 90,98 (hereinafter “the instant credit card payment”).
B. Meanwhile, on August 9, 2003, the Defendant concluded a credit card loan agreement with Samsung Card Co., Ltd. and concluded a credit card loan agreement with the Defendant, with the interest rate of KRW 21,670,00 per annum 23.2% per annum, and the delayed interest rate of KRW 28% per annum, and paid only part of them to pay the principal amount of KRW 21,610,630 per annum (hereinafter “instant claim 4”).
C. On October 24, 2003, LG Investment Securities Co., Ltd. (hereinafter “LG Investment Securities”) acquired all rights, such as the instant claims Nos. 1, 2, 3, and 4 and interest incidental thereto, delay damages, etc. from each of the above financial institutions. On the same day, the Plaintiff acquired all of the rights, such as each of the above claims, interest incidental thereto, delay damages, etc. from the LG Investment Securities, and upon delegation of each of the above financial institutions and the LG Investment Securities, sent the notice of assignment of claims to the Defendant by content-certified mail on December 18, 2003, and thereafter the said notice reached at that time.
Afterward, Samsung Card Co., Ltd received KRW 5,400 from the Defendant and paid it to the Plaintiff, and the Plaintiff appropriated it to the principal of the instant claim No. 4 and appropriated it to the principal of the instant claim.