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1. The Defendant shall pay to the Plaintiff KRW 70,896,64 out of KRW 124,115,569 and the said amount from February 9, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On September 28, 1994, the Defendant concluded a credit card transaction contract with the National Card Co., Ltd. on September 3, 2007, Samsung Card Co., Ltd. and the Port Agricultural Co., Ltd. on March 2, 2011, and delayed payment of the credit card price. On November 17, 2011, the Defendant obtained a loan by setting KRW 20,000,000 from the National Card Co., Ltd. as the annual rate of 23.9%, and the due date of November 20, 2014. The Defendant did not pay interest, etc. from April 201, and thereby lost the benefit of time.
B. As indicated below, the Plaintiff acquired claims, such as card payments, loans, etc. from Samsung Card Co., Ltd., National Card Co., Ltd., and Port Agricultural Co., Ltd., and notified the Defendant of the transfer of claims on June 23, 2014 upon delegation of the notification authority. Around that time, the Plaintiff was served on the Defendant. As of February 9, 2017, the details of claims against the Defendant that the Plaintiff acquired from Samsung Card Co., Ltd., National Card Co., Ltd, and Port Agricultural Co., Ltd. are as follows.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. According to the facts of the judgment on the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated by the ratio of 15% per annum to the Plaintiff from February 9, 2017 to the date of full payment of the principal amount of KRW 124,115,569 and the principal of KRW 70,896,664, out of the total principal and interest of the said amount.
3. Judgment on the defendant's assertion
A. As to the gist of the assertion, claims such as the card price, loan, etc. were extinguished by prescription.
B. According to each of the records of evidence Nos. 8 and 9 with respect to the National Card Co., Ltd. 1, as the Defendant did not pay the credit card payments, loans, etc. to the National Card Co., Ltd. from March 21, 2012, the extinctive prescription on the above card payments, loans, etc. claims is from March 21, 2012 following the date on which the benefit of time has been lost.