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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. In the first instance trial, the Plaintiff sought payment of the principal and interest of the bonds transferred from the new card corporation (hereinafter “stock company”), our card, citizen card, Hyundai Capital, Samsung Card, and Slock Card, and ② the principal and interest of the bonds transferred from the national bank. The first instance court dismissed the part of the bonds (hereinafter “bonds”) which are received only as part of the bonds.
Since only the plaintiff appealed against this, the subject of the judgment of this court is limited to the part of the claim.
2. Comprehensively taking account of the overall purport of pleadings as to the cause of the claim Gap's evidence Nos. 2, 3, 5, and 6, the defendant obtained each loan from a national bank with a maturity of KRW 2 million (hereinafter "No. 1 loan"), KRW 5 million on April 17, 2001 (hereinafter "No. 2 loan"), the national bank transferred the above loan claims against the defendant to the plaintiff on July 5, 2013, and the plaintiff notified the transfer of the above loan claims to the defendant on February 18, 2014, the principal and interest of each of the above loans as of February 18, 2014 = (No. 10,272, 166, KRW 268, KRW 500, KRW 1000, KRW 5000, KRW 5000, KRW 1237,000). The interest rate of each of the above loans is no more than the agreed interest rate of KRW 2371,23637,250.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of principal and interest of 10,272,160 won and damages for delay calculated at the rate of 17% per annum for the plaintiff from February 19, 2014 to the date of full payment.
3. Thus, the plaintiff's claim of this case is justified, and the part against the plaintiff in the judgment of the court of first instance is unfair, and it is so revoked and the defendant is dismissed.