양수금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The scope of the judgment of this court in the first instance court, where the Plaintiff acquired each claim of KRW 1,832,405 as the principal and interest of loan and KRW 34,707,091 as the principal and interest of loan, which are general loan loans, from Hyundai Capital. The first instance court dismissed all of the Plaintiff’s claim, and the Plaintiff appealed only with respect to the claim that is general loan, so the scope of the judgment of this court is limited to this part.
2. Comprehensively taking account of the overall purport of pleadings as to the cause of the claim, the Defendant obtained a general loan with a credit card issued by Hyundai Card (State) on October 8, 2007. The Hyundai Card (State) notified the Defendant of the fact of the transfer of the above claim on October 12, 2007 after transferring the above claim to Hyundai Capital Capital (State) on October 8, 2007. The Plaintiff was delegated the authority of the transfer of the above claim from Hyundai Capital (State) on January 5, 2009 and notified the Defendant of the fact of the transfer of the claim on March 23, 2009. On the other hand, as of September 1, 2015, the Defendant notified the Defendant of the fact of the transfer of the claim by being delegated with the authority of the transfer of the claim from Hyundai Capital (State) on January 5, 2009, and notified the Defendant of the fact of the transfer of claim on March 23, 2009.
Therefore, the defendant is obligated to pay to the plaintiff 1,832,405 won (=730,770 won) and damages for delay calculated at the rate of 17% per annum from September 2, 2015 to the date of full payment, which is the day following the date of final calculation of principal and interest.
3. According to the conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as without merit. Since the judgment of the court of first instance is unfair with a different conclusion, the part against the plaintiff falling under the above recognition scope is revoked, and it is so decided as per Disposition by ordering payment to the defendant.