양수금
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 10,823,706 and 7,984 among them.
1. In the first instance trial, the Plaintiff sought payment of each claim that the Defendant acquired from Hyundai Capital and Samsung Card from the Defendant, and the first instance court dismissed the claim based on the claim that the Defendant acquired from Samsung Card.
As the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim based on the claims asserted by the plaintiff to have taken over from Hyundai Capital Capital.
2. Determination as to the cause of claim
A. 1) On December 15, 201, the Defendant entered into a credit card use contract with the Hyundai Card, and purchased goods or services or received small credit loans using a credit card. The Defendant delayed the repayment of the loan, etc.; 2) Hyundai Card transferred on July 3, 2012 the above loan, etc. to the Hyundai Capital, and notified the Defendant of the transfer of the above credit on July 5, 2012.
3) On June 21, 2013, Hyundai Capital transferred the above claim to the Plaintiff. The Plaintiff, upon delegation from Hyundai Capital Capital, notified the Defendant of the assignment of the above claim on March 31, 2014. Meanwhile, as of February 18, 2014, the total amount of principal and interest of the above claim as of February 18, 2014 (= Principal KRW 7,823,706 (= Principal KRW 7,984,921 KRW 2,838,785). The interest rate for delay determined by the Plaintiff’s Business Regulations within the scope of the agreed interest rate for the purchase claim is 17% per annum.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 and 6 (including paper numbers), and the purport of the whole pleading
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10,823,706 and the principal amount of KRW 7,984,921, which is the day following the above base date, to the day of full payment, 17% per annum from February 29, 2014 to the day of full payment.
3. Thus, the plaintiff's claim of this case is justified, and the part against the plaintiff in the judgment of the court of first instance against it is concluded.