beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. In the first instance court’s determination, the Plaintiff claimed for payment of the total amount of KRW 80,886,272, and delay damages for the remainder of claims against C Co., Ltd. (hereinafter “C”) as the assignee of the same credit (the remaining principal and interest of each credit that the Plaintiff acquired as of March 21, 2019) as indicated in the following table. However, the first instance court dismissed the portion of claims against the credit card user and rendered a judgment citing the remainder of claims, and appealed only to the Plaintiff. Accordingly, the subject of the judgment of this court is limited to the claim against C credit card user.
D C
2. Determination on the cause of the claim
A. The Plaintiff’s assertion that the Defendant was liable for the amount of KRW 25,867,44, overdue interest amounting to KRW 46,118,80 by using C credit card.
C’s credit card usage fee claim against the Defendant was transferred to the Plaintiff on or around June 28, 2013, and the Defendant was notified of the transfer to the Defendant. As such, the Defendant is obliged to pay to the Plaintiff delay damages for the total amount of the principal and interest of the above credit card assignment claim and KRW 71,986,244, and KRW 25,867,444.
B. The Plaintiff submitted the evidence proving the ground for the above claim for the amount of money transferred to the Plaintiff and submitted the evidence Nos. 2 through 5 (including the paper number), but the above evidence alone is only recognized as the fact that the Defendant was issued C, and there is no other evidence proving the above assertion by the Plaintiff.
3. Conclusion, the plaintiff's claim on this part shall be dismissed as it is without merit.
The judgment of the court of first instance is justified in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.