양수금
1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
The plaintiff's claim against the defendant.
1. Facts of recognition;
A. A. Around June 1992, the Defendant entered into an agreement with C Bank (the subsequent merger with D Bank; hereinafter referred to as D Bank) to enter into an agreement to enter into an personal card membership with EB Card; on April 28, 2003, the Defendant repaid the card price; on the other hand, the unpaid card price is KRW 2,198,512.
(hereinafter referred to as "credit card price claim"). (b)
D Bank transferred credit to the Plaintiff on May 13, 2005, and on June 16, 2005, the Plaintiff notified the Defendant of the transfer of credit in accordance with Article 7(1) of the Asset-Backed Securitization Act.
C. On February 28, 2008, the Plaintiff filed the instant lawsuit against the Defendant, etc. seeking payment of KRW 16,575,085 in total of KRW 14,376,573 (= KRW 2,198,512 + KRW 14,376,573).
On July 17, 2008, the first instance court rendered a judgment in favor of the Plaintiff on the following purport: “The Defendant shall pay the Plaintiff the amount of KRW 16,575,085 and the interest thereon at the rate of 17% per annum from April 1, 2005 to the date of full payment.”
On January 26, 2018, the Plaintiff transferred the entire claim under the foregoing paragraph to the Intervenor succeeding to the Plaintiff, and the Plaintiff’s succeeding intervenor was entrusted with the assignment of claim from the Plaintiff and notified the Defendant of the assignment while the instant lawsuit is pending.
E. The Plaintiff’s successor filed an application for succession intervention in this court.
[Ground for Recognition: Facts without dispute, evidence A1 through 4, each entry of evidence B 1, and purport of the whole pleadings]
2. Determination on the cause of the claim
A. According to the facts of the judgment on the plaintiff's claim, since the plaintiff transferred all the claims against the defendant to the plaintiff's successor, the plaintiff's claim is without merit.
B. According to the facts of the judgment as to the claims by the plaintiff succeeding intervenor, the defendant did not pay the unpaid card payment amount of KRW 2,198,512 to the plaintiff succeeding intervenor, the transferee of the credit card payment claim, and the card payment for this, and thereafter, the plaintiff succeeding intervenor's claim is followed on April 1, 2005.