양수금
1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.
1. In the first instance court, the Plaintiff filed a claim against the Defendant for the acquisition of the amount of money by asserting that the Plaintiff acquired the principal amount of KRW 1,755,190 against the Defendant, and its delay damages claim, and ② the principal amount of KRW 4,766,316 against the Defendant of the new card company and its delay damages claim. The first instance court accepted the Plaintiff’s claim only for the claim that the Plaintiff acquired from the new card company, and dismissed the Plaintiff’s claim for the acquisition of the amount of money by transfer from the lot card company.
However, since only the plaintiff appealed against the part of the loss, the object of this Court's adjudication is limited to KRW 1,755,190 of the above principal, which was dismissed in the first instance trial, and the attempted interest thereon and damages for delay.
2. Facts of recognition;
A. On March 20, 2002, the Defendant issued and used a credit card from a lot card around March 20, 2002.
B. On July 12, 2004, the Daejeon District Court applied for a payment order against the Defendant on the ground that the Defendant did not pay the credit card use price, and the above court ordered the Defendant to pay the amount of KRW 1,683,80 per annum from June 24, 2004 to the date of full payment. The above payment order became final and conclusive on August 18, 2004 by the Daejeon District Court Decision 2004Da15388.
C. On the other hand, on April 10, 2009, the registration card transferred 1,813,310 won (i.e., principal amount 1,755,190 + provisional payment 58,120 won) out of the credit card usage claim to the Plaintiff (the Credit Counseling and Recovery Fund prior to the change). On December 2, 2009, the Plaintiff delegated the right to notify the assignment of the credit card to the Defendant on December 2, 2009, sent the content-certified mail stating the fact that the said credit was transferred from the registration card to the Defendant.
As of June 4, 2014, the above bonds are as follows.