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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Determination as to the cause of claim
A. According to the evidence evidence Nos. 1, 2, 3, and 5, Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) loaned KRW 12,50,000 to the Defendant around October 2001, and transferred the above loan claim to the Plaintiff on April 16, 2009. The Plaintiff was delegated with the authority to notify the assignment of claim from Hyundai Capital and notified the Defendant of the above assignment of claim on December 2, 2009. The principal and interest of the above loan claim are KRW 5,265,165, interest, KRW 7,60,666, and KRW 12,831 as of February 23, 2015, and the Plaintiff applied the delayed interest rate of KRW 17% per annum.
According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 12,865,831 and the principal amount of KRW 5,265,165,165, the damages for delay calculated by the rate of 17% per annum for the Plaintiff from February 24, 2015 to the date of full payment, which is the day following the above calculation base date.
B. In addition, the Plaintiff asserted that Hyundai Capital took over the claim for loans of KRW 8,590,000 against the Defendant by Hyundai Card Co., Ltd. (hereinafter “Modern Card”) on November 26, 2003, and the Plaintiff took over the claim again. Thus, according to the evidence No. 4, Hyundai Card Co., Ltd.’s loan of KRW 8,590,000 to the Defendant on November 26, 2003, although Hyundai Card Co., Ltd. (hereinafter “Modern Card”), it is acknowledged that Hyundai Capital took over the claim for the loan of KRW 8,590,000 to the Defendant on November 26, 2003, the Plaintiff’s allegation in this part is without merit.
2. Judgment on the defendant's assertion
A. The Defendant: (a) the Seoul Southern District Court Decision 2010Na5347 rendered a final and conclusive judgment that there was no liability for the above loan to Hyundai Capital; and (b) Hyundai Capital made a collective claim against B, a joint and several surety for the above loan; and (c) the Seoul Central District Court was granted the exemption decision as the Seoul Central District Court 2007Ka36824.