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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 24,060,975 and 13,870 among them.
Reasons
1. In the first instance trial, the Plaintiff claimed payment of KRW 27,926,554 in total of the principal and interest that the Defendant acquired from the Non Card Co., Ltd. and Solomon Savings Bank and damages for delay on the principal amount of KRW 15,882,501 in total. The court of the first instance rejected the Plaintiff’s claim for the payment of damages for delay on KRW 3,856,579 in total and the principal and interest that the Defendant acquired from Non Card Co., Ltd. and the principal amount of KRW 2,012,00 in total and KRW 24,060 in total and KRW 975 in total and the damages for delay on the principal amount of KRW 13,870,49 in total.
This Court's decision is limited to the claim dismissed as above, since only the plaintiff appealed.
2. Facts of recognition;
A. The Defendant entered into a credit card use contract, etc. with Hyundai Card Co., Ltd. to bear the obligation such as credit card use fees. The Defendant’s claim against the Defendant of Hyundai Card Co., Ltd. was transferred in sequence to the Plaintiff via EM only company specializing in securitization, Korea limited liability company, and Solomon Mutual Savings Bank.
B. In addition, the Defendant concluded a credit card use contract with the National Bank, etc., and became liable for the credit card use fees, etc., and the Defendant’s claim against the Defendant of the National Bank was assigned in sequence to the Plaintiff via the Orren Support-Backed Limited Liability Company, Solomon Mutual Savings Bank.
C. The principal and interest on the Defendant’s debt owed to the Plaintiff by July 28, 2014 is KRW 24,060,975 (= Principal KRW 13,870,975 (= Principal KRW 3,92,395 KRW 83,334 KRW 1,00,000 KRW 5,294,770 KRW 2,750,00) and interest KRW 10,190,476 (= KRW 3,048,89 KRW 601,99 KRW 601,96 KRW 722,383 KRW 3,824,854 KRW 1,92,354 KRW)).
[Ground of recognition] A, A 2-2, A 3-2, A 5-1, 2, A 6-1 through 3, and the purport of the whole pleadings
3. The defendant is the transferee of the claim.