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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. As of March 31, 2005, the obligees indicated below held against the defendant credit card payment or indemnity claims with the following content as of March 31, 2005:
(hereinafter referred to as “each claim” as the sequence below. The amount (only principal) 1 C card price of 377,961 won 2D credit card price of 1 C card 377,961 won (payment by subrogation) shall be 4,092,218 won on March 10, 200, 3D 3D 3D 199.6.24, 199
B. On May 13, 2005, the Plaintiff received each of the above claims against the Defendant from the creditors of each of the above claims, and around that time, upon delegation by the transferor, sent a notice of assignment to “F building G in Incheon-gu, Seocheon-gu, the Defendant’s domicile,” by content-certified mail.
C. As of September 30, 201, the principal and interest of the Plaintiff’s 1 through 3 claims against the Defendant as of September 30, 2011 are KRW 1,359,509, respectively (i.e., the principal amount of KRW 377,961 with interest of KRW 981,548), KRW 12,534,629 (i.e., the principal interest of KRW 4,092,218 with interest of KRW 8,442,411), KRW 17,59,842 (i.e., the principal interest of KRW 5,50,000 with interest of KRW 12,09,842 with interest of KRW 5,500 with interest of KRW 12,00 with interest of KRW 842). Within the scope of delay interest rate of each claim
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum with respect to KRW 31,493,980, the sum of principal and interest of the above bonds, and KRW 9,970,179, the principal of which are principal, to the Plaintiff, from October 1, 201 to the day of full payment.
B. The defendant asserts to the effect that since he was not notified of the transfer of each of the above claims, he cannot accept the plaintiff's claim for the transfer of this case.
However, the fact that the notice of assignment of each of the above claims was sent to the defendant by content-certified mail is as seen earlier.