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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The Defendant’s KRW 1,731,217 and KRW 606,134 among the Plaintiff.
Reasons
1. In the first instance court, the Plaintiff sought payment of credit card use price claims and each loan claims that the Defendant acquired from Domin Capital Co., Ltd. and Domin Loan Co., Ltd., and the court of the first instance accepted only the credit card use price claims and the loan claims that the Defendant acquired from Domin Capital Co., Ltd., and dismissed the claim for the credit card use price claims that the Defendant acquired from Domin Capital Co., Ltd.
However, since only the plaintiff appealed against the above judgment, the scope of the judgment of this court is limited to the claims that the plaintiff acquired from the Gas Capital Co., Ltd.
2. Determination as to the cause of action
A. 1) Facts of recognition 1) E&P social companies (hereinafter “ E&P social companies”)
(1) On July 29, 2008, the Plaintiff loaned KRW 1100,000 to the Plaintiff at 48.54% per annum and due date on July 29, 2009 (hereinafter “instant loan claim”).
(2) On January 31, 2012, E&A transferred the foregoing loan claims against the Plaintiff to YAP Co., Ltd., and notified the Defendant of the assignment of claims on February 10, 2012.
3) On June 21, 2013, the Plaintiff re-acquisitions the instant loan claim from Boston Capital Co., Ltd., and notified the Defendant of the transfer of the said claim pursuant to Article 7 of the Asset-Backed Securitization Act. (4) The principal of the instant loan claim as of January 7, 2014 is KRW 606,134, and the sum of the agreed interest and delay damages is KRW 1,125,083.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleadings.
B. According to the above facts of determination, the Defendant is the Defendant with respect to KRW 1,731,217 (won 606,134,125,083) and the principal amount of KRW 606,134, which is the following day of the above base date, from January 8, 2014 to the date of full payment.