1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On April 8, 200, the Defendant purchased a vehicle number B (hereinafter “instant vehicle”) and entered into an automobile installment financing contract with Samsung Capital Co., Ltd. (hereinafter “ Samsung Capital”) on a set of KRW 500,000,000,000 and KRW 36,000,000,000 for installment financing, and accordingly, borrowed the said five million, accordingly.

(hereinafter “instant loan claim”). (b)

Since around 2001, the Defendant did not pay the monthly repayment, thereby losing the benefit of time under the above loan contract. On October 15, 2015, the amount of the principal of the loan bonds of this case as of October 15, 2015 is KRW 4,401,852, the amount of the principal in arrears, KRW 12,609,525, and the interest rate in arrears is KRW 17% per annum.

C. Samsung Capital transferred all of the loan claims of this case to the Korea Asset Management Corporation on April 30, 2003, and on May 30, 2003, Samsung Capital sent a notice of transfer of claims to "Seoul Yangcheon-gu C", which is the defendant's domicile at the time of May 30, 2003 by content-certified mail.

On May 13, 2005, the Plaintiff acquired all of the instant loan claims from the Korea Asset Management Corporation in accordance with the Asset-Backed Securitization Act. On June 16, 2005, the Plaintiff sent the notice of transfer to “Seoul-gu, Seoul-si D, the Defendant’s domicile” by content-proof mail.

E. Meanwhile, the plaintiff against the defendant around 2006.

The decision of performance recommendation was made on August 1, 2006 that the Defendant would pay the principal and interest of the non-paid debt of the instant loan claims on the ground of the credit transfer contract under this subsection, and the decision of performance recommendation was served on the Defendant on August 1, 2006, but the above decision of performance recommendation became final and conclusive on the 17th of the same month because the Defendant did not raise any objection thereto.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant, a transferee of the instant loan claim, shall pay the Plaintiff the principal and interest of the loan up to October 14, 2015, KRW 17,01,377.