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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant added to the judgment of the first instance court to the plaintiff 23,579.
Reasons
1. The scope of the judgment of the court below asserted that the plaintiff acquired claims against the defendant of the company from the non-party new card, citizen card, Hyundai Capital, Hyundai Savings Bank, Svia Savings Bank, Svia Savings Bank, Hanhan Savings Bank, Samsung Samsung Savings Bank, etc. The court of first instance accepted the remaining claims except for Hyundai Capital, Hyundai Savings Bank, and Svia Savings Bank, and the part of the claim for the transfer of claims against the defendant of the company (hereinafter “the claim for the transfer of claims”), among the plaintiff’s claims, and dismissed the claim for the transfer of claims. Since only the plaintiff appealed, only the part of the claim for the transfer of claims is subject to the judgment of the court of this case.
2. Determination as to the claim for the transfer money of this case
A. In full view of the purport of the entire pleadings, the following facts are recognized in each entry in Gap evidence Nos. 1, 2, 3, 16, and 20 (including each number), of which facts are recognized:
1) The Defendant was granted a loan of KRW 10,300,000 from the Hyundai Capital Capital on June 7, 2010 at an overdue interest rate of KRW 36.99%, but did not repay the principal amount of KRW 5,818,372.
In addition, the defendant entered into a credit card use contract with Hyundai Capital on November 15, 201, and received a loan under the above contract (the agreed rate of delay damages exceeds 17% per annum), but did not pay 266,500 won per annum.
B) On June 21, 2013, Hyundai Capital: (a) transferred each of the above loans to the Plaintiff on or around March 31, 2014; and (b) notified the Defendant of the assignment of the above loans on or around February 7, 2014; (b) the loan obligation of June 7, 2010, which was not repaid at the time of February 16, 2014, is KRW 9,260,53,00 in total, KRW 26,50 in principal, KRW 139,82 in interest or delay damages; and (c) the loan obligation of November 15, 201, supra, is KRW 406,320 in total,00 in interest or delay damages.
2) It shall be collected from a mutual savings bank, and the defendant shall take over money from the mutual savings bank on November 3, 201.