양수금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. With respect to the lawsuit in this case where the plaintiff sought the payment of the acquisition amount against the defendant, the defendant has lost his status as a creditor by again transferring the claims that the plaintiff acquired against the defendant to the Promotion Savings Bank Co., Ltd., and thus, the lawsuit in this case is unlawful as a lawsuit filed by a person who is not qualified to sue. However, in the case of a performance lawsuit, the plaintiff is admitted to be standing to sue against the person who claims the right to demand performance, and the grounds for the defendant's assertion should be determined as
2. As to the merits, the Plaintiff jointly and severally guaranteed the Defendant’s credit card use payment obligation against Samsung Card Co., Ltd., and the Plaintiff acquired from Samsung Card Co., Ltd. the credit card use price of KRW 5.47 million and damages for delay thereof (hereinafter “instant claim”), the Defendant asserts that the Defendant is liable to pay the Plaintiff, the transferee of the instant claim, with the principal and interest on the instant claim.
The plaintiff acquired the claim of this case from Samsung Card Co., Ltd. on April 30, 2003, although there is no dispute between the parties, according to the statements in Eul evidence 1-2, 3, 4, and Eul evidence 2-4, the plaintiff transferred the claim of this case to the Promotion Savings Bank Co., Ltd. on February 29, 2008 and notified Eul on May 6, 2008, and he again transferred the claim of this case from the Promotion Savings Bank Co., Ltd. on January 3, 2012 and again transferred the claim of this case from the Promotion Savings Bank Co., Ltd. on November 29, 2013. Thus, the plaintiff's assertion based on the premise that the plaintiff is the transferee of the claim of this case, which is necessary to examine the forgery of the contract of this case and the joint guarantee of the contract of this case.