Of the judgment of the first instance, the part against the defendant exceeding the money ordered to be paid under this judgment shall be revoked.

Opinions of the Parties

A. On June 9, 2001, the Defendant received respectively loans of KRW 1990,00 from Hyundai Capital (hereinafter “loan”), KRW 2.83,709,000 from Samsung Capital on August 30, 2002 (hereinafter “loan”), KRW 1,4950,00 (hereinafter “loan”) and KRW 447,326 (hereinafter “loan”) from the El Card on June 11, 2002, and KRW 3 million (hereinafter “loan”).

On March 31, 2003, Hyundai Capital transferred all of the claims against the Defendant to the Plaintiff, and notified of the assignment of claims on May 3, 2003, Samsung Capital transferred all of the claims against the Defendant to the Plaintiff on June 30, 2003, and notified of the assignment of claims on July 25, 2003, EL cards transferred all of the claims against the Defendant to the Plaintiff on June 30, 2003, and notified the Plaintiff of the assignment of claims on October 10, 2003, EL cards transferred all of the claims against the Defendant to the Plaintiff on September 30, 2003, and notified the Plaintiff of the assignment of claims on November 26, 2003.

On November 28, 2008, the Defendant prepared a “request for debt approval, adjustment and undertaking” with the content of approving the above-mentioned or the loan obligations.

Therefore, the Defendant is obligated to pay the Plaintiff the sum of the acquisition amount of each of the above loans to KRW 2,878,524 and delay damages for the principal amount of KRW 23,163,460.

B. The summary of the Defendant’s assertion did not have received a loan from Hyundai Capital, Samsung Capital, El branch, El branch card, or Vich Card.

There is no fact that the Defendant did not prepare a loan agreement with the Defendant as the applicant, and there is no fact that the Defendant prepared a request for debt approval adjustment and a letter of undertaking.

2. Determination as to the claim for the acquisition of loans, , and loans

A. We examine whether the Defendant first received a loan.

Dlim loan certificates written between the Defendant and Hyundai Capital Capital, and a loan agreement written between the Defendant and Samsung Capital (No. 1-1-2), and the Defendant’s loan agreement written between the Defendant and Samsung Capital (No. 2-1-2).