1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 2,279,923 and KRW 1,692,810 among the Plaintiff and the Plaintiff’s KRW 6,00 on June 6, 2018.

1. Around August 2016, the gist of the Plaintiff’s assertion: (a) the Defendant entered into a credit card membership agreement (hereinafter “instant agreement”) with C Co., Ltd. (hereinafter “C”); (b) faithfully implement each provision under the credit card membership agreement; and (c) entered into an agreement with the Defendant at least 23.5% per annum on an overdue interest rate.

The defendant did not pay arrears from the settlement date on December 2016.

C on February 28, 2017, upon the transfer of claims against the Defendant under the instant contract to D Co., Ltd. (hereinafter “D”).

D on December 26, 2017, the claims against the Defendant under the instant contract were transferred to the Plaintiff.

Therefore, as of June 5, 2018, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 23.5% per annum from June 6, 2018 to the date of full payment with respect to the principal amount of KRW 350,60,607 in balance of the interest accrued prior to the acquisition of principal amount of KRW 1,692,810 and KRW 1,692,810 in balance of principal amount of KRW 23.5% per annum from June 6, 2018.

2. In the first instance court’s judgment, even if the Defendant’s claim against the Defendant was dismissed due to a trial by public notice, it cannot be deemed that the Defendant asserted the cause of the Plaintiff’s claim. In a case where the Defendant did not dispute at the appellate court that the Plaintiff appealed by means other than public notice, a confession under Article 150 of the Civil Procedure Act is established (see Supreme Court Decision 2015Da36167, Jul. 12, 2018). According to the records of this case, the first instance court’s trial against the Defendant was proceeded with by public notice, and the Defendant’s claim against the Defendant was dismissed, but the Defendant did not appear at the date of pleading in a way other than by public notice, and the Defendant did not submit a duplicate of the petition of appeal, the guide for litigation, the statement of reasons for appeal, and the notice of date for pleading, and did not dispute the Plaintiff’s assertion as to the Plaintiff’s allegation.