양수금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The scope of the trial at this court claimed against the defendant for the payment of each of the claims that the plaintiff acquired from T&M lending Co., Ltd. (hereinafter “T&M”), New Card Co., Ltd., Samsung Card Co., Ltd. (hereinafter “T&M”), and K&M Co., Ltd.. The first instance court dismissed the lawsuit against the plaintiff on the claims that the plaintiff acquired from T&M lending, dismissed the claim for the claims that the Samsung Card acquired from Samsung Card, and accepted the remainder of claims.
Since only the plaintiff appealed against this, the scope of the judgment of this court is limited to the claims that the plaintiff acquired from T&S and Samsung Card.
2. Determination as to the claim for income contingent loan
A. According to the overall purport of evidence Nos. 4 and 8 as to the facts of recognition, the Defendant entered into a loan contract with the Korea Standards Bank on Jan. 7, 2003, and the above loan claims were transferred in sequence to the Plaintiff on Oct. 30, 2012 after Ethys loan (hereinafter “Dongyang”) and Ethys loan, and each of the assignment of claims was notified to the Defendant on Oct. 30, 2012. < Amended by Presidential Decree No. 2008536, May 8, 2008> < Amended by Presidential Decree No. 113253, Oct. 13, 2008; Presidential Decree No. 20684, Oct. 25, 2008; Presidential Decree No. 20688, May 8, 2008>
6.3. The fact that the above judgment became final and conclusive (hereinafter referred to as the “claim for which judgment became final and conclusive”) can be recognized as the instant Claim 1.
B. A claim based on a final and conclusive judgment regarding the cause of the claim has become imminent when the ten-year lapse period, which is the extinctive prescription period, is obvious.