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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 8,406,828 and 2,723 among them.
Reasons
1. Facts of recognition;
A. (1) On October 31, 2001, Gyeongnam Bank lent KRW 170,000 to the Defendant. Around May 13, 2005, Samsung Card Co., Ltd. entered into an agreement with the Defendant on February 8, 2000 to enter into a credit card membership agreement with the Defendant and lent KRW 1,851,97,000 to the Defendant by May 12, 2005.
3) On April 27, 2002, the Seoul Bank concluded a microcredit card membership agreement with the Defendant and lent KRW 1,000,000 to the credit card payment, and on December 30, 2002, the Defendant paid KRW 4,140,364 to the Seoul Bank on April 2, 2001, the Seoul Bank concluded a microcredit transaction agreement with the Defendant and the Seoul Guarantee Insurance Co., Ltd. on the condition of the microcredit Credit Insurance Co., Ltd., and lent KRW 5,00,000 on September 26, 2002 in subrogation of the Defendant.
5) On February 15, 2001, the Korean Housing and Commercial Bank (the Korea Housing and Commercial Bank prior to the merger: the Korea Housing and Commercial Bank) entered into a non-Sch Card membership agreement with the Defendant, and lent the credit card price of KRW 1,723,91 to the Defendant on December 23, 2003, and transferred the said loan to the KB2 Asset-backed Securitization Specialized Company pursuant to the Asset-Backed Securitization Act and the Enforcement Decree of the said Act. B. On May 13, 2005, the Gyeongnam Bank, Samsungnam Card Co., Ltd., Ltd., the Korea Card Co., Ltd., the Seoul Guarantee Insurance Co., Ltd., the Seoul Guarantee Insurance Co., Ltd, and the KB2 Asset-backed Securitization Specialized Company entered into an asset transfer agreement with each other
All principal and interest were transferred in accordance with the Asset-Backed Securitization Act.
C. On June 16, 2005, the Plaintiff notified the Defendant of the transfer of each of the instant claims by content-certified mail pursuant to Article 7(1) of the Asset-Backed Securitization Act.