1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 13, 1995, the former National Bank of Korea established a guarantee issued by the Korea Housing and Commercial Bank, which is the managing agency of the Housing Finance Credit Guarantee Fund, as a collateral and lent KRW 9,000,000 as a house deposit to the Defendant on March 13, 2002.

(2) The Korea Housing and Commercial Bank was established on November 1, 2001 after the merger with the former National Bank on November 1, 2001 (hereinafter “National Bank”). The Korea Housing and Commercial Bank was converted into a stock company on August 30, 1997.

B. On October 24, 2003, the National Bank concluded an asset transfer contract with ELD Investment Securities Co., Ltd. (hereinafter “ELD Investment Securities”) and transferred the instant claim against the Defendant on the ground that the remaining principal of the debt to the Defendant remains in KRW 2,995,637 at the time of the transfer to ELD Investment Securities. The ELD Investment Securities concluded an agreement with the Plaintiff on the same day, and transferred the instant claim to the Plaintiff on the same day. On December 18, 2003, the Plaintiff notified the Defendant that the Plaintiff acquired KRW 2,95,637 of the principal of the instant claim to the Defendant pursuant to Article 7(1) of the Asset-Backed Securitization Act.

C. The overdue interest rate of the National Bank is 25.7% per annum, and the Plaintiff determines the overdue interest rate as 17% per annum.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 3, 6, 8, 9, 15 (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay to the plaintiff the principal of the debt amounting to KRW 2,995,637, and damages for delay from October 25, 2003, which is the day following the transfer date of the above assignment of claim sought by the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The defendant asserts that the non-existence of the assignment of claims is difficult to view the claim of this case to have been transferred in sequence from the national bank via the ELD Investment Securities.