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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 1,832,747 and KRW 932,079 among them.
Reasons
1. In the first instance trial, the Plaintiff sought the payment of the amount equivalent to the acquisition money by taking over the claim against the Defendant from the sag Capital, Hyundai Capital, National Card, and Enterprise Bank. The first instance court dismissed the claim for the part of Hyundai Capital, and accepted all the remaining claims.
However, since only the plaintiff appealed against the above judgment, the scope of the judgment of this court is limited to the claim for the part of Hyundai Capital.
2. Determination as to the cause of claim
A. On April 29, 2009, Hyundai Capital lent KRW 1,788,564 to the Defendant by means of equal repayment of principal and interest for ten months. 2) Hyundai Capital transferred the above claim to the Plaintiff on June 21, 2013. On June 23, 2014, the Plaintiff notified the Defendant of the transfer of the above claim upon delegation of the power of notification from Hyundai Capital Capital, and the said notification arrives at the Defendant around that time.
3) At the time of July 30, 2014, the principal and interest of the above loan is as listed below, and the interest rate in arrears on the principal is 17%. The interest on the principal and interest of the outstanding amount and interest on delay in delay in the small credit loan (i) 932,079 (i) 900,668 (ii) 1,832,747 won (i) / (ii) / [in the absence of any dispute over the grounds for recognition, the respective entries in the evidence Nos. 3, 4, 5, and 9, and the purport
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 1,832,747 won and damages for delay calculated at the rate of 17% per annum from July 31, 2014 to the date of full payment.
3. As such, the plaintiff's claim for this part is justified, and the judgment of the court of first instance which has different conclusions is unfair, and it is so decided as per Disposition by ordering the payment of the above money.