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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 8,132,052 and KRW 2,979,009 among the Plaintiff and the Plaintiff’s KRW 2,00,00 on August 27, 2013.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The defendant on April 20, 2002 (hereinafter referred to as the "Teosung Mutual Savings Bank") shall be the defendant on April 20, 2002
2) The Plaintiff borrowed KRW 1,100,000 from the Plaintiff and around that time the Plaintiff borrowed KRW 1,100,000.
(A) After entering into a credit card contract with a credit card merchant, the credit card company used the credit card issued under the contract at the credit card store (hereinafter “instant loan claim”) and used the credit card as “the credit card company’s claim for the use of the said credit card.”
2) On May 16, 2005, the first bank transferred the credit card payment claim of this case to the social company of the same Yangyang Korea on May 16, 2005, and the social company of the same Yangyang Korea entrusted the authority to notify the assignment of claims from the first bank and notified the Defendant of the fact of the assignment of claims by content-certified mail on July 19, 2005.
3) On October 7, 2008, Samyang Bank transferred the instant credit card payment claim and the instant credit loan claim to Dong Seoyang Asset Management Co., Ltd. On November 18, 2008, Dongyang Asset Management Co., Ltd. transferred the above credit loan claim to Dongyang Asset Management Co., Ltd., and on August 18, 2008, Dongyang Asset Management Co., Ltd. notified the Defendant of each of the above credit transfer claim by content-certified mail upon delegation of the authority to notify the assignment of the credit by Dongyang Bank and Dong Seoyang Asset Management Co., Ltd. on August 1, 2010. 4) Dongyang Asset Management Co., Ltd. transferred the instant credit card payment claim and the loan claim to the Defendant on November 1, 2010. On the same day, Hoyang Asset Management Co., Ltd. was delegated with the authority to notify the assignment of credit from Dongyang Asset Management Co., Ltd. and notified the Defendant of each of the above credit transfer by content-certified mail.
5) On April 30, 2012, Teyn Loan Co., Ltd. (hereinafter “ENF”) claims on the instant credit card use payment claim against the mutual registration of change from the Credit Counseling and Recovery Fund Co., Ltd. to the National DF Fund on March 28, 2013.