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1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.
Reasons
1. In the first instance court, the Plaintiff filed a claim against the Defendant for a transfer of money, alleging that the Plaintiff acquired the principal amount of KRW 6.3 million against the Defendant of the Korea Exchange Bank, KRW 6.3 million of the principal amount, interest on delay damages, KRW 7.750 of the Korea Exchange Bank, the principal amount of the Defendant of the Korea Exchange Bank, KRW 7,750 of the principal amount, and interest on delay damages, and KRW 3. The first instance court rejected the Plaintiff’s claim against the Defendant for a transfer of money by asserting that the Defendant acquired the principal amount of the KNN Card’s KNN Card, KRW 9,612,81 of the principal amount, attempted interest thereon, and delayed interest on delay damages. The first instance court rejected the Plaintiff’s claim against the Defendant. The Plaintiff asserted that the Plaintiff acquired the transfer of money from the
However, since only the plaintiff appealed against the lost part, the object of this Court's adjudication is limited to the above ① and ② each claim part dismissed in the first instance trial.
2. Facts of recognition;
A. On December 5, 2002, the Defendant entered into a loan agreement with a foreign exchange bank with a maximum amount of KRW 10 million. The Defendant and the foreign exchange bank entered into a contract on December 15, 2007 with the content that the maximum amount of the above loan agreement shall be changed to KRW 6,30,000.
B. As of October 31, 2009, the foreign exchange bank held the principal of the loan of KRW 6.3 million against the Defendant as of October 31, 2009, and the attempted interest and the claim of KRW 2,115,998.
C. On October 20, 2009, the Foreign Exchange Bank Co., Ltd. transferred the above bonds to the SBI3 Savings Bank (former trade name: Hyundai Swiss Savings Bank Co., Ltd.) and notified the Defendant of the assignment of the above bonds.
SBI3 Savings Bank, on December 28, 201, transferred the above claim to the Plaintiff (the former trade name before the change: the Credit Counseling and Recovery Fund), and the Plaintiff delegated the authority to notify the assignment of claim to the Defendant on June 5, 2012.