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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 additionally shall be revoked.
Reasons
1. The Plaintiff sought payment against the Defendants regarding the claims that were taken over from the new card and the K non-national card of the company. The court of first instance accepted only the part of the claims against Defendant A among the claims that were taken over from the new card of the company, and dismissed all of the remaining claims.
Accordingly, only the plaintiff appealed against the claim that was taken over from the KNN Card, and the scope of the trial of the party is limited to the claim against the defendants for the claim that was taken over from the KNN Card.
2. Facts of recognition;
A. Defendant A received 4.7 million won credit card loans from the National Bank Co., Ltd., and Defendant B jointly and severally guaranteed Defendant A’s above card loan obligations.
B. On April 15, 2005, the National Bank of Korea filed a lawsuit against the Defendants for the payment of the above claim (hereinafter “the claim of this case”) and rendered a favorable judgment (Seoul District Court Decision 2005Gaso29019) with respect to “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 7,041,210 and KRW 2,012,10,000, calculated at the rate of 25% per annum from January 11, 2005 to the date of full payment.” The judgment became final and conclusive around that time.
C. On February 201, 201, the National Bank Co., Ltd.: (a) divided the credit card business portion and established the KNF’s card; (b) the KNF’s card transferred the instant claim to the Plaintiff on June 21, 2013.
The Plaintiff was delegated with the power to notify the assignment of claims from the KBN Card Co., Ltd. and notified the Defendant A of the transfer of claims.
The principal of the instant claim that has not been paid by February 15, 2015 is KRW 2,012,100, and interest for arrears is KRW 1,203,049.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, and 6 (including virtual numbers), the purport of the whole pleadings
3. Conclusion