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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. The scope of the judgment of this court requested the Defendant to pay each of the claims that the Plaintiff acquired from the Neo-gu Saemaul Savings Depository, Twit-man Co., Ltd., and Korea-U.S. Investment Loan (hereinafter “Korea-U.S.”), and the court of first instance dismissed the claim for the claims that the Defendant acquired from the N.S., and the claim for the claims that the Defendant acquired from the N.S., the court of first instance rejected.
Therefore, since only the plaintiff appealed against the losing part, the subject of the judgment of this court is limited to the claim of the amount of the principal 3,167,224 won, interest for arrears 8,919,321, which is the claim for the amount of the takeover from the Korea-U.S., dismissed by the court of first instance.
2. Determination as to the cause of action
A. Facts of recognition 1) The defendant around May 23, 2002 shall be Jeju Bank Co., Ltd. (hereinafter "Seoul Bank").
() A credit card was received from the credit card, and around that time, 2 million won was loaned by the credit card loan (the agreement with 24% per annum). After that, the Defendant did not repay the credit card user fee and credit card loan. The credit card user fee and credit card loan claims were transferred from the Japanese bank to the limited company specializing in the Yininpin First Asset Securitization, on September 8, 2009, and around February 22, 2010, the Defendant notified the Plaintiff of the credit card assignment. 2) Meanwhile, as of August 13, 2014, the Defendant’s credit card user fee was KRW 1,442,027, and the sum of principal and interest of the credit card loan was KRW 6,362,616 (= Principal,725, KRW 197, KRW 4637, KRW 419).
3) According to the Plaintiff’s business regulations on the management of the entrusted bond of the Credit Counseling and Recovery Fund, the Plaintiff allows the Defendant to apply 17% per annum within the limit of the original agreed interest rate in arrears in favor of the Defendant.