양수금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The scope of this Court’s trial at the first instance trial against the Defendant, the Plaintiff sought the payment of the claims that the Plaintiff acquired from a lot card Co., Ltd. (hereinafter “Slomon Savings Bank”) and the claims that the Plaintiff acquired from the Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”), and the court of the first instance dismissed the claim on the claims that the Plaintiff acquired from Solomon Mutual Savings Bank.
As to this, only the plaintiff filed an appeal against the part against the plaintiff, the subject of the judgment of this court is limited to the above part of the appeal (the claim of Solomon Mutual Savings Bank).
2. Determination on the cause of the claim
A. The gist of the cause of the claim is that the Defendant entered into an agreement with the National Bank to enter into a credit card member and used the credit card. As of September 12, 2012, the remaining amount of the credit card use price is the principal amount of KRW 1,126,018, interest or delay damages, and the balance of the credit card loan is the principal amount of KRW 3,00,000,000, interest or delay damages, and KRW 1,210,927.
The Plaintiff received the above claims against the Defendant of a national bank via Orren Support Specialized Limited Company, Solomon Mutual Savings Bank, and thus, sought against the Defendant the payment of the said credit card price and credit card loan totaling KRW 5,791,115, and damages for delay calculated by the rate of 17% per annum, which is the agreed rate from January 10, 2012, with respect to the principal amounting to KRW 4,126,018.
B. The judgment unit, Gap evidence No. 6-1 (credit card issuance information) did not have the defendant's signature or seal, and the plaintiff's written evidence No. 1, Gap evidence No. 2, Gap evidence No. 3-2, Gap evidence No. 6-2, Gap evidence No. 7, and Eul evidence No. 8-2 are merely written in this case where the defendant did not submit the disposition documents, financial materials, etc. which can objectively recognize that the defendant obtained and used a credit card from the national bank.