1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The party's assertion

A. The Plaintiff’s assertion 1) The Defendant was granted loans from the Bank of Korea (hereinafter “Korea”) on March 10, 2003 (hereinafter “the instant loan claims”), and the instant loan claims were transferred to the Plaintiff via Korea Ep&A’s limited liability company specialized in the vehicle-backed securitization, and Yangyang Social Loan Co., Ltd. on March 9, 2011. (2) The principal and interest of the instant loan claims as of March 9, 201 were KRW 15,138,034 (= Principal KRW 9,094,749, KRW 6,011,408). Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay as to KRW 15,138,034 and principal amount of KRW 9,094,749 among them.

B. Defendant’s assertion 1) The Defendant did not receive the notification of the transfer of the instant loan claims from the financial institutions that transferred the instant loan claims to Korea as well as our banks, and thus, the Plaintiff cannot be deemed to have lawfully acquired the instant loan claims from our banks. 2) The extinctive prescription of the instant loan claims has expired.

2. It is insufficient to deem that the notice was sent to the Defendant solely on the sole basis of the descriptions of Gap evidence Nos. 4 and 5 (including virtual numbers). It is insufficient to deem that the notice was sent to the Defendant.

(A) The Plaintiff did not submit any additional evidence in relation to the claim transfer in the petition of appeal, but did not appear at the date of the trial at the court of the first instance, even though the Defendant alleged that “the Plaintiff had not received the notice of claim transfer” in the petition of appeal. Therefore, the Plaintiff cannot be deemed to have lawfully acquired the claim

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed as per Disposition.