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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 1,896,438 and KRW 912,277 among them.
Reasons
1. The plaintiff sought the payment of each credit that he/she acquired from a new card company, new bank, C&T company, Samsung Card company, and Seoul Guarantee Insurance company (hereinafter “stock company”) against the defendant. The court of first instance accepted only the claim based on the new card, new bank, Samsung Card, and Seoul Guarantee Insurance, and dismissed the claim based on the credit that he/she acquired from the T&T company.
Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim on the credit card use price claim, which is the cause of interest 912,277 won and interest interest 984,161 that the court of first instance rejected.
2. Determination as to the claims acquired from the Sti Bank
A. The following facts can be acknowledged in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1, 2, 3, 8, and 9-1, 2, and 3.
(1) On March 18, 2005, the Defendant did not pay the amount of the credit card use fee when the credit card was used with the credit card from the Cti Bank. As of May 31, 2013, the amount of the credit card use fee overdue as of May 31, 2013 is the principal amount of KRW 912,277 (No. 91,929).
B. On June 28, 2013, Cze Bank transferred to the Plaintiff the credit card use payment claim against the Defendant. On December 31, 2013, the Plaintiff notified the Defendant of the assignment of the credit.
On the other hand, as of November 16, 2013, the sum of the principal and interest of the Defendant’s credit card user’s above obligation is KRW 1,896,438 (= Principal KRW 912,277, interest KRW 984,161). The overdue interest rate determined by the Plaintiff’s rules within the scope of delay interest rate of the purchase claim is 17% per annum.
B. According to the above facts of determination, the defendant's total amount of KRW 1,896,438 and its importance is the plaintiff.