양수금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. The defendant made financial transactions as indicated below, and on December 5, 2010, the defendant's debt status as of December 5, 2010 is as listed below.
(hereinafter “instant loans”) Nos. 1 and 2
The Defendant delayed the repayment of the instant loans Nos. 1 and 2, and on January 27, 2006, Hyundai Card Co., Ltd. transferred the instant loans to Hyundai Capital Co., Ltd. (hereinafter referred to as “Moman Capital”) and issued a notice of assignment of the said loans to the Defendant around that time.
On April 16, 2009, Hyundai Capital transferred the claim for loans Nos. 1 and 2 of this case to the Plaintiff, and the Plaintiff was delegated with the authority to notify each of the assignment of claims from Hyundai Capital Capital, and sent a notice of each of the above assignment of claims to the Defendant by content-certified mail on December 2, 2009.
C. The overdue interest rate applied by the Plaintiff after February 27, 2009 is 17% per annum within the scope of the agreed overdue interest rate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 8,561,00 and delay damages for the principal amount of KRW 2,917,505, except in special circumstances.
B. The defendant's assertion 1) The defendant did not have received the notice of the transfer of the loans claim Nos. 1 and 2 of this case, and the plaintiff asserts that the plaintiff cannot oppose the defendant on the grounds of the above transfer of the loans. Although the defendant did not receive the notice of the transfer of the loans claim Nos. 1 and 2 of this case, since the above notice of the transfer of the loans claim Nos. 3 and 8 of this case was delivered to the defendant, the plaintiff may oppose the defendant on the grounds of the above transfer of the loans. The defendant's assertion is without merit. The defendant's claim Nos. 1 and 2 of this case that the plaintiff acquired is five years from the date of repayment.