양수금
1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 3,679,701 and 1,770 among them.
1. The Plaintiff sought from the first instance court for the payment of loan claims and credit card sales claims acquired from the Ulsan Southern Credit Cooperative Co., Ltd. against the Defendant, and the court of the first instance dismissed the part of credit card sales claims and credit card sales claims acquired from the Ulsan Southern Credit Cooperative Co., Ltd.
Since only the plaintiff appealed against this, the subject of the judgment of this court is limited to the loan claims that the plaintiff acquired from the Ulsan-Namnam Credit Union.
2. Determination
A. The Defendant was granted a loan of KRW 3 million from the Ulsan Namnam Credit Union on August 8, 2001 at the rate of 29.2% per annum and 36.5% per annum until December 9, 2001. On June 21, 2013, the Plaintiff acquired the above loan claim from the Ulsan Namnam Credit Union and notified the Defendant of the transfer of the credit after being delegated with the authority to notify the transfer on June 23, 2014. (2) The principal amount of the loan that has not been paid as of August 3, 201 is the principal amount of KRW 1,770,701 and interest or delay damages amount of KRW 3,679,701, total of KRW 3,679,01.
[Reasons for Recognition] Gap evidence 1, Gap evidence 2-1, Gap evidence 3, and 6, the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum as claimed by the Plaintiff within the scope of damages for delay from August 4, 2014 to the date of full payment of the principal and interest calculated with respect to the above KRW 3,679,701 and the principal amount of KRW 1,770,701.
3. As such, the plaintiff's claim of this case is justified, and the part against the plaintiff in the judgment of the court of first instance which has different conclusions is unfair, so it is revoked, and it is so decided as per Disposition by ordering the defendant to pay the above money.