양수금
1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. Of the instant lawsuit, Co., Ltd.
1. The scope of the court’s trial at the first instance court, the Plaintiff filed a claim for the amount of money taken over from the new card company, the immediately preceding company, the Hyundai Capital Corporation, the Korea C&T company (hereinafter “stock company”) and the ASEAN Agricultural Cooperative. The first instance court accepted only the new card and the immediately preceding click, and dismissed the remainder of the claim.
Accordingly, only the Plaintiff appealed, and the Plaintiff withdrawn the claim for the amount of money transferred from the Chungcheongnam Agricultural Cooperative in the trial of the party. As such, the scope of the trial of this court is limited to the claim for the amount of money transferred from the Hyundai Capital and the Korea CTR Bank.
2. Determination
A. Comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1, 1, 2-3, 4, and 7 as to the claim for the transfer money from Hyundai Capital Capital, the Defendant: (a) obtained a credit card from Hyundai Card Co., Ltd. on October 26, 199 and delayed the payment of the use amount; (b) on June 30, 2010, Hyundai Capital transferred the overdue claim against the Defendant and notified the transfer of the claim; and (c) on November 30, 2012, Hyundai Capital transferred the said claim to the Plaintiff and notified the transfer of the claim; and (d) on the other hand, the said claim can be acknowledged as constituting a cause for the principal 1,714,932 won as of February 13, 2015, as of February 13, 2015.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum as requested by the Plaintiff within the agreed rate from February 14, 2015 to the day of full payment, with respect to KRW 3,725,79 and the principal amount of KRW 1,714,932.
B. In full view of each of the statements in Gap evidence Nos. 2-6, and Gap evidence No. 8 as to the determination of the claim for the amount of the loan from the Korea C&T bank, the Korea C&T bank filed a lawsuit against the defendant for the loan claim. < Amended by Presidential Decree No. 23283, Jan. 2,