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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 24,922,957 and 9,147 among them.
Reasons
1. In the first instance court, the Plaintiff sought the payment of the acquisition amount (principal principal KRW 11,98,247, and overdue interest KRW 35,590,261) that was transferred from the Korea Card (hereinafter “Korea Card”) against the Defendant, from the Daegu Bank (hereinafter “Tgu Bank”), and the acquisition amount (principal principal KRW 9,147,505 and overdue interest KRW 15,775,452) that was transferred from the Daegu Bank. The first instance court accepted only the claim for the acquisition amount that was transferred from the Korean Card, and dismissed the claim for the acquisition amount that was transferred from the Daegu Bank.
Since the plaintiff appealed against this issue, the subject of this Court's trial is limited to the claim for the amount transferred from Daegu Bank.
2. Determination as to the cause of action
A. 1) On November 12, 1997, the Defendant entered into a credit card use agreement with the Daegu Bank and was issued a credit card. On April 9, 2003, the Defendant borrowed KRW 5,000,000 from the Daegu Bank. around May 31, 2013, the said credit card user’s principal amount remains at KRW 4,068,81, and the said principal amount of the loan remains at KRW 5,078,694. 2) On June 21, 2013, the Daegu Bank transferred the said credit card user’s principal and interest claim and the said principal and interest claim to the Plaintiff on June 21, 2013. The Plaintiff was delegated with the power to notify the Daegu Bank of the credit card user’s transfer on March 31, 2014.
3) As of February 19, 2014, the credit card use-price claim amounting to KRW 11,88,864 in total, the principal amount of KRW 4,068,81, overdue interest of KRW 7,820,053 in total, and the loan claim amounting to KRW 5,078,694 in total, overdue interest of KRW 7,95,39 in total, KRW 13,034,09 in total, is equivalent to KRW 13,093 in total. 4) Meanwhile, the Plaintiff’s overdue interest rate of KRW 11(1)2 of the Enforcement Rule of the Credit Counseling Fund Trust Business Regulations is 17% per annum.
【Ground of recognition】 The entry of evidence Nos. 2-1 and 3-1 and 7, and the purport of the whole pleadings
B. According to the above facts, the defendant's acquisition amount to the plaintiff 24,922,957 won 11,88.