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The judgment of the first instance shall be revoked.
The defendant's 2,825,434 won and 2,002,285 won among the plaintiff's 2,825,434 won from December 7, 2017.
Reasons
1. Facts of recognition;
A. A. Around June 26, 2014, the Defendant applied for membership of credit card holders with C Co., Ltd. and received “D” and “E”, which are credit card holders, around that time, and the Defendant thereafter delayed the payment of credit card usage.
The overdue interest of the defendant's credit card payment is set according to certain standards within the range of 23.5% per annum to 27.9% per annum.
B. On June 30, 2016, C Co., Ltd. transferred the Defendant’s credit card payment overdue interest and interest to F Co., Ltd., and notified the Defendant thereof around that time.
F Co., Ltd. transferred the above principal and interest claim to the Plaintiff on July 7, 2017, and the Plaintiff, on July 27, 2017, notified the Defendant of the fact of the transfer, based on the power of notification of the assignment of claims delegated by FF Co., Ltd.
C. As of April 30, 2017, the principal amount of the credit card price is KRW 2,002,285, and the interest balance up to that date is KRW 539,538.
[Ground of recognition] Each entry of Gap evidence Nos. 3 through 5, 7 through 11, and the purport of the whole pleadings
2. The overdue interest rate applicable to the Plaintiff’s assertion is 27.5% per annum, and the overdue interest calculated at the rate of 27.5% per annum for 220 days from May 1, 2017 to December 6, 2017, from the above principal amount is 2,002,285 won (=2,002,285 won per annum x 27.5% per annum x 27.5% per annum x 220 days/365 days, and less than KRW 2,873,708 won (= 2,002,285 won 5,539,538 won) and the overdue interest calculated at the rate of 2,02,285 won per annum from December 7, 2017, which is the day following the above final overdue interest.
3. The reasoning of the evidence Nos. 2 and 5 alone is insufficient to recognize that the overdue interest rate applied to the above credit card price was set at 27.5% per annum or higher than the above 23.5% per annum, and there is no other evidence to prove otherwise.