beta
Text
The judgment of the first instance shall be revoked.
2. The Defendant’s KRW 17,691,543 and its KRW 9,471,960 among the Plaintiff’s KRW 17,69,543, Nov. 1, 2018.
Reasons
1. Facts of recognition;
A. The Defendant concluded a credit card transaction agreement with B (hereinafter “B”) and obtained a credit card from B, and obtained a credit card loan on four occasions from September 4, 2007 to February 18, 2008 (hereinafter “credit card use fee and each credit card loan”) and lost the benefit of time due to the Defendant’s failure to repay the loans, etc. under the agreement.
B. B transferred the instant loans and other claims to C (hereinafter “C”) on November 11, 2013, and sent a notice of assignment of claims to the Defendant by means of content-certified mail on January 14, 2019, and C transferred the said claims to the Plaintiff on January 26, 2018, and sent the notice of assignment of claims to the Defendant by content-certified mail on April 19, 2018.
C. The remaining details of principal and interest of the instant loans, etc. as of October 31, 2018 are as follows, and the overdue interest rate on the remaining principal and interest is 15% per annum.
(Unit: (The original) 1 B card loan balance for the loan subjects of the financial institution divided into 3 B B card No. 4. 9. 1,190,200 1,132,236 - B card No. 2 B card No. 18,350,016 1,302,163- 3 B card No. 61,228 - 631,475- 4 B card No. 18,208 - 347,162,32, 292-5 B credit card No. 52, 923, 354, 417 - total 9,471, 9608, 19531, 165, 47, 208 - 3 B card No. 2008, Feb. 18, 2008
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 15% per annum, which is the overdue interest rate, from November 1, 2018 to the date of full payment, with respect to the total amount of KRW 17,691,543, and principal amount of KRW 9,471,960 among the principal and interest of the instant loans, etc., and the date of full payment
3. In conclusion, the plaintiff's claim of this case should be accepted for reasons.
The judgment of the court of first instance, which differs from this conclusion, is unfair, so the court of first instance revokes this and ordering the payment of the said money.