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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
The defendant shall pay to the plaintiff KRW 53,915,919 and 16,137 among them.
Reasons
1. The plaintiff sought payment of the credit that he received from a new card company and SBI3 Savings Bank against the defendant. The court of first instance accepted the credit that the new card company acquired from the new card company, and dismissed the claim for the credit that the bank acquired from the SBI3 Savings Bank.
Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim against the claims acquired from the SBI3 Savings Bank dismissed in the first instance.
2. Determination on the cause of the claim
A. The Choung Bank Co., Ltd. loaned money to the Defendant on January 23, 2002 and January 25, 2002 to the Defendant on two occasions.
B. The Choung Bank Co., Ltd. transferred each of the above loans to the SBI3 Savings Bank in sequence, and notified the Defendant of the assignment of the credits. The CBI3 Savings Bank, a limited liability company specializing in CII3 Savings Bank, transferred each of the above loans to CBI3 Savings Bank.
C. On June 21, 2013, SBI3 Savings Bank transferred each of the above loans to the Plaintiff, and notified the Defendant of the assignment of claims on June 23, 2014.
Each of the above loans remains 53,915,919 won [the principal of the loan 12,413,990 won and interest interest 25,083,424 won and interest 12,694,503 won and interest 12,503 won as of January 23, 2002] as of April 8, 2015.
E. Meanwhile, the overdue interest rate applied by the Plaintiff pursuant to Article 11 of the Regulations on Credit Counseling and Recovery Fund Trustee’s Credit Management Business is 17% per annum.
[Ground of recognition] According to the above-mentioned facts, Gap evidence 2-2, Gap evidence 3, 8, 9, and 10, and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff 53,915,919 won and the principal amount of 16,137,92 won with 17% interest per annum from April 8, 2015 to the date of complete payment.
3. Conclusion, the plaintiff's claim for this part is reasonable, and it is accepted by the court of first instance.