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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. The facts subsequent to the facts of recognition are either in dispute between the parties or in each entry in Gap evidence 1 to 5, and 10, together with the whole purport of the pleadings. A.
The Defendant entered into a credit card subscription agreement with Hyundai Card Co., Ltd. on March 10, 2008 and used the credit card. From November 2012, 2013, the Defendant delayed payment of the credit card use price, 4,396,710 won [the total amount of principal 4,215,03,315 won (temporary payment 2,003,315 won, temporary payment 156,406 won, cash service 180,313 won, card loan loan 1,875,02 won), unpaid interest of 159,038 won (temporary payment 79,71 won, daily payment 624 won, cash service 3,927 won, card 74,716 won), 226,710 won (the fixed amount of cash service 2,306 won, 214, 23637,247,000 won)].
B. On January 3, 2013, Hyundai Card Co., Ltd. transferred to the Plaintiff the above credit card user’s claim against the Defendant, and notified the Defendant of the assignment of the above credit card user’s claim around January 7, 2013.
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the assignee of the credit card-based claim, the total amount of KRW 4,396,710 and the principal amount of KRW 4,215,056, which is the agreed interest rate of KRW 24% per annum from January 30, 2013 to the date of full payment.
B. The Defendant’s assertion argues to the effect that the Defendant’s total amount of credit card usage charges is KRW 23,717,83,00,000 from August 23, 2010 to January 7, 2013, the Defendant paid KRW 25,665,495, and thus, the Defendant’s obligation for credit card usage charges was entirely extinguished.
In full view of the records in Gap evidence Nos. 6 through 9, and the fact-finding results in each fact-finding conducted by the court of first instance against Hyundai Card Co., Ltd., the defendant's principal 5,058,619 won against Hyundai Card Co., Ltd. as of November 23, 2012.