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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 against the defendant, asserting that ① the principal of the new card company and the interest thereon, ② the principal of the new card company, ② the interest on delay damages, ② the interest on delay damages, ③ the principal of the new card company and the interest on delay damages, ③ the interest on delay damages, ③ the principal of the 3,068,154 won and the interest thereon, ③ the interest on delay damages, ④ the principal of the NAFFFFFFF, ④ the interest on the 2,000,000 won, and the interest on delay damages, ④ the principal of the NAFFFFFFFC, ④ the interest on delay damages, and the interest on delay damages. The first instance court accepted the plaintiff’s claim against the defendant. ② The plaintiff asserted that the plaintiff acquired the transfer of the money for transfer from the new card company, ② the claim
However, the plaintiff appealed only to the part against which the above claim was lost. Thus, this court's judgment is limited to the claim part as to the above claim.
2. Determination as to the cause of claim
A. The defendant around May 2002 (at the time of loan, LG card Co., Ltd., but at the time of loan, LG card Co., Ltd. was transferred to a new card Co., Ltd.
(2) On June 21, 2013, the new card company transferred the above claim to the Plaintiff on the loan of automobile purchase funds to the Defendant. On June 23, 2014, the Plaintiff delegated the notification of the assignment of claim to the Plaintiff. On June 23, 2014, the new card company sent the content-certified mail stating that the Defendant was transferred the above claim from the new card company.
3) As of August 4, 2014, the sum of the principal, attempted interest, and delay damages of the above claim is KRW 9,849,006 (= Principal KRW 2,334,204 + Principal KRW 7,047,322 + delay damages + KRW 467,480 + delay damages + KRW 467,480). The rate of delay damages determined by the Plaintiff is 17% per annum. [Evidence 1, 4-1, 5, and 6, based on recognition, are written, respectively.