1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The Plaintiff’s assertion obtained a credit card loan from Hyundai Card Co., Ltd. (hereinafter “Modern Card”), and Hyundai Card Co., Ltd. (hereinafter “Modern Capital”), and Hyundai Capital Capital Co., Ltd. (hereinafter “Modern Capital”) transferred each of the loan claims to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff as transferee the credit card loan amounting to KRW 8,821,219 and delay damages for the principal amounting to KRW 2,631,186.

2. According to the purport of the evidence No. 5-1 and No. 5-2 of the judgment and the entire arguments, Hyundai Card filed a lawsuit against the Plaintiff on November 5, 2004 against the Plaintiff to repay the above card loan under the Daegu District Court No. 2004Gaso592365, and the above lawsuit was proceeded by service by public notice against the Defendant, and it can be acknowledged that the Plaintiff received the judgment in favor of the Plaintiff on January 25, 2005.

After that, the Plaintiff asserted that the Hyundai Card transferred the above lending claim to Hyundai Capital and notified the Defendant of the above assignment of claim, and the Defendant asserted that there was no notification of the above assignment of claim by withdrawing around February 2002.

However, the evidence No. 3-1 is a postal item that notifies the defendant that the Hyundai Card was transferred to Hyundai Capital, but there is no evidence to prove that the postal item was delivered to the defendant, and there is no other evidence to prove that the Hyundai Card, the transferor of which, was notified to the defendant who is the debtor.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.