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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. In the first instance court, the Plaintiff sought payment from the Defendant as indicated in the table below. The first instance court cited only the claim portion of the claim that was acquired from the C bank, and dismissed the claim portion of the claim that was acquired from D, and only the Defendant appealed against the claim cited in the above claim, the subject of the judgment by this court is limited to the claim for transfer money from the above C bank against which the Defendant is dissatisfied.
Serial Transfer Agency's Special Bonds 2,50,000,140,87777 2,500,209/10/30,209/10/30,259 2,279 2,500,140,8777 2009/30 4,640,640,877 3 D Credit Card 2006/106/10,104/111,206/275, 967, 2,046, 2,046, 2046, 204, 204/30, 304/30,014,259, 259
2. Facts of recognition;
A. On March 5, 2001, the Defendant obtained a credit card from C to make a credit card transaction, such as the purchase of goods and services, and delayed payment of the credit card price. As of October 30, 2009, the Defendant’s obligation to use the credit card was 3,279,889 won in total, including the principal amount of KRW 1,784,307, and delay damages amount of KRW 1,495,582, and the interest rate for delay damages was 17% per annum.
B. On June 7, 2002, the Defendant obtained a credit card loan from C on June 16, 2003 with a maturity of KRW 3,000,000, and on June 16, 2003. As of October 30, 2009, the Defendant’s obligation to the above loan amounted to KRW 4,640,877 in total, including the loan principal of KRW 2,500,000 and the attempted interest of KRW 2,140,877, and the overdue interest rate of KRW 17% per annum.
C. In order to seek the payment of each of the above claims (hereinafter “the claim of this case”), C filed a lawsuit against the Defendant for a loan claim with the Incheon District Court 2007 Ghana269620, and the above court held the pleading on January 17, 2008, “the Defendant” as of January 17, 2008, against C Company 9,522,862 and 4,284,307 won among them.