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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant's KRW 11,693,477 and 2,774 among the plaintiff.
Reasons
1. The Plaintiff sought from the first instance court for the payment of the acquisition amount received from the Defendant as well as the IM partnership loans and shot Card Co., Ltd. (hereinafter “shot Card”). The first instance court dismissed the claim for the payment of the acquisition amount received from the shot Card, and accepted the remainder of the claim.
As the plaintiff appealed against this, the object of this Court's judgment is limited to the claim for the amount of money received from a lot card.
2. In full view of the purport of the entire pleadings as to the cause of the claim as indicated in the evidence No. 1-2, No. 2, and No. 2, and No. 3, the Plaintiff received credit card usage claims against the Defendant on June 28, 2013, and around that time, notified the Defendant of the assignment of claims by being delegated with the authority to notify the assignment of claims from the Securities Card, and as of December 9, 2013, the Plaintiff’s claim against the Defendant for the transfer of claims against the Defendant as of December 9, 2013 constitutes a total of KRW 2,774,980 and interest and delay damages, and KRW 11,693,47.
According to the above facts, the defendant is obligated to pay to the plaintiff the above amount of KRW 11,693,477 (2,774,980 +8,918,497) and damages for delay calculated at the rate of 17% per annum for the plaintiff as to the principal amount of KRW 2,74,980 (2,74,980 + 8,918,497) and the principal amount of KRW 2,774,980, the following day of the above basic date, within the scope of the overdue interest rate from December
3. In conclusion, the plaintiff's claim of this case is justified, and the part against the plaintiff in the judgment of the court of first instance is unfair with a different conclusion, and thus it is revoked by accepting the plaintiff's appeal and ordering the defendant to pay the above amount. It is so decided as per Disposition.