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1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.
Reasons
1. In the first instance court, the Plaintiff filed a claim against the Defendant for the acquisition of the claim against the Defendant, alleging that (i) the principal amount of 4,292,65 won to the Defendant of Tweyn Loan Co., Ltd., and (ii) the principal amount of 3,575,254 won to the Defendant of the deposited Nonghyup Co., Ltd., and (iii) the attempted interest thereon, and the accrued interest thereon, and damages for delay; and (iv) the first instance court accepted the Plaintiff’s claim against the Plaintiff only for the claim that the Plaintiff acquired from the deposited Nonghyup Co., Ltd., and dismissed the Plaintiff’s claim for the acquisition of the claim
However, since only the plaintiff appealed against the lost part, this Court's judgment is limited to the above principal amount of KRW 4,292,665, which was dismissed in the first instance trial, and the attempted interest thereon and damages for delay.
2. Determination as to the cause of action
A. 1) On February 28, 2002, the Defendant used a credit card issued by the Industrial Bank of Korea, and the Industrial Bank of Korea held the Defendant with the credit card payment amount of KRW 4,292,665 against the Defendant. 2) The Industrial Bank of Korea transferred the above claim to the Dongyang Social Co., Ltd. on June 27, 2008, and the Dongyang Social Co., Ltd, which was delegated with the authority to notify the assignment of the claim, sent content-certified mail on August 21, 2008, stating that the Defendant received the claim from the Industrial Bank of Korea.
3) On November 1, 2010, 2010, Tysian Loan Co., Ltd. transferred the above claim to Tysian Loan Co., Ltd., and Tysian Loan Co., Ltd. delegated the authority to notify the assignment of claim to the Defendant on November 16, 2010, sent the content-certified mail stating the fact that Tysian Social Co., Ltd. received the claim from the Defendant. 4) Tysian Loan Co., Ltd. transferred the above claim to the Plaintiff on June 21, 2013, and the Plaintiff delegated the authority to notify the assignment of claim to the Defendant on June 23, 2013.