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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
2. The defendant 14,043,981 won and 3,836 won among them to the plaintiff.
Reasons
1. The Plaintiff sought against the Defendant the payment of each claim that he/she acquired from Samsung Life Insurance Co., Ltd., Seoul Guarantee Insurance Co., Ltd., Korea Asset Management Corporation, and KBone Star Card Co., Ltd.., and the court of first instance dismissed the claim that the Plaintiff acquired from the KBone Star Card Co., Ltd., Ltd., and accepted the remainder of the claim.
Since only the plaintiff appealed against this, the scope of the judgment of this court is limited to the claims that the plaintiff acquired from the KBS Card 2nd securitization specialized company.
2. Determination on the cause of the claim
A. As of March 31, 2005, a limited liability company specializing in the second securitization of KBS Card and the second securitization was 8,030,882 won (i.e., principal amount of KRW 3,836,695 and interest 4,194,187).
(2) On May 13, 2005, the Plaintiff acquired the claim for the above amount of transfer from the KBone Star Card Co., Ltd. specialized in KBone Star Card No. 2 securitization, and was delegated with the authority of notification from the KBone Star Card No. 2 securitization specialized in KBone Card No. 2 securitization, and notified the Defendant of the transfer of the above amount of transfer.
(3) As of June 17, 2014, the balance of the principal and interest of the acquisition amount as of June 17, 2014 is KRW 14,043,981 (= Principal KRW 3,836,695 or delay damages).
(4) The overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on the above amount of the debt is 17% per annum.
[Ground of recognition] Evidence No. 1-4, Evidence No. 2-4, Evidence No. 3, 4, and 5, and the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 14,043,981, and the principal amount of KRW 3,836,695, which is the day following the above base date, 17% per annum from June 18, 2014 to the day of full payment.
3. Conclusion, the plaintiff's claim of this case is justified, and the court of first instance decides to accept it.