1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. In the first instance court, the Plaintiff sought payment of the principal and interest of loan (hereinafter “the first claim”), the principal and interest of loan, and the principal and interest of loan (hereinafter “the second claim”) that were received from the EL branch card (hereinafter “the third claim”) and the Samsung Card (hereinafter “the Samsung Card”) from the Defendant. The first instance court accepted only the claim as to the first and second claims, and dismissed the third claim.

Since only the plaintiff appealed against this issue, the subject of this Court's adjudication is limited to the claim on the third claim.

2. The Plaintiff’s assertion that Samsung Card and credit card loan transaction agreement were concluded. As of March 24, 2015, the Defendant’s total sum of the principal and interest of Samsung Card as of March 24, 2015 (i.e., principal and interest of KRW 38,090,545 (i.e., principal and interest of KRW 11,897,979). Thus, the Defendant is obligated to pay the said principal and interest of the loan to the Plaintiff who acquired

3. According to the evidence Nos. 3 and 4 of the judgment No. 3-4, the plaintiff acquired the above principal and interest claim from Samsung Card on May 13, 2005, and on June 16, 2005, notified the defendant of the purport of the assignment of the above claim and served the above notice around that time.

However, each of the evidence mentioned above and evidence Nos. 1 and 6 are insufficient to acknowledge the fact of concluding a credit card loan transaction agreement between the defendant and Samsung Card, and there is no other evidence to acknowledge it.

The evidence submitted by the Plaintiff alone is insufficient to verify all major terms of the contract, such as the date of conclusion of credit card loan transaction agreement, loan period, overdue interest rate, loan limit, etc.

4. If so, the part of the plaintiff's claim against the third claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion.