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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 13,239,662 and 4,309 among them.
Reasons
1. The claim of the first acquisition amount based on the claims that the Plaintiff acquired from a new card company (hereinafter “new card”) in the first instance trial and from mentmenation, Inc. (hereinafter “mentmenation”) for the transfer amount based on each claims that the Plaintiff acquired from a new card company (hereinafter “the first acquisition amount”) and mentmenation, Inc. (hereinafter “mentmenation”) were accepted, and the second acquisition amount claim was dismissed, and the second acquisition amount claim was dismissed, and only the part of the claim of the second acquisition amount is subject to the judgment of this court.
2. Facts of recognition;
A. On March 19, 2002, the Defendant: (a) a mutual savings bank in Korea and China (hereinafter “Korea-China Mutual Savings Bank”) made a comprehensive passbook loan amounting to KRW 2,000,000 (hereinafter “instant loan”); (b) a mutual savings bank in Korea-China (hereinafter “Korea-China Mutual Savings Bank”) made a loan to the Defendant on April 6, 2002 at interest rate of KRW 2,00,000 per annum and April 6, 2003; and (c) the Defendant made a loan to the Defendant on April 6, 2002 at interest rate of KRW 60,000 (hereinafter “the instant second loan”); and (d) the Defendant, at the time of the above loan, made an agreement to pay damages for delay pursuant to the overdue interest rate of the said financial institution if the Defendant would have lost its interest due to repayment of the loan without delay.
Since then, the defendant did not repay each of the above loans, thereby losing the benefit of each deadline.
B. On June 3, 2005, the Daeyang Mutual Savings Bank filed an application with the Defendant for a payment order with the purport that "The Defendant shall pay 2,000,000 won with interest of 60% per annum from March 20, 2003 to the day of full payment" with respect to the second loans of this case, and the above payment order becomes final and conclusive on June 23, 2005 as it is, because the Defendant did not raise any objection thereto.