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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The scope of the judgment of the court below asserted that the plaintiff acquired the claim against the defendant by the non-party Cho Heung Bank, LG Card Co., Ltd. (hereinafter "LG card") and Samsung Card Co., Ltd. (hereinafter "TG card"). The court of first instance rejected the plaintiff's claim for the transfer of the claim against the defendant from the LG card of the part that acquired the automobile installment loan claim and the credit card payment claim against the defendant, among the claims against the defendant, from the LG card. Since only the plaintiff appealed against this, only the part that claims for the transfer of the automobile installment loan claim against the LG card and the credit card payment claim against the Samsung Card are subject to the judgment of the court of first instance.
2. Determination
A. The plaintiff alleged that the LG card loaned KRW 14.8 million to the defendant on October 31, 1996 under the name of an automobile installment loan, but the loan principal that was not paid as of May 25, 2009 is KRW 8,088,684, and the plaintiff received the above credit from the LG card. Thus, the plaintiff first asserted that the LG card borrowed KRW 14.8 million to the defendant on October 31, 1996, it is insufficient to acknowledge this only on the basis of the entries in the evidence No. 4 and the evidence No. 5-1 of the evidence No. 5, and there is no other evidence to acknowledge this. Thus, the plaintiff's claim for this part is without merit.
B. The Plaintiff asserted that the Defendant, upon entering into a credit card use agreement with Samsung Card, was liable for the use of the credit card amounting to KRW 16,518,020 for Samsung Card from September 6, 1996 to February 5, 1998, but the Plaintiff acquired the above claim from Samsung Card. Thus, first, whether the Defendant entered into a credit card use agreement with Samsung Card and did not pay KRW 16,518,020 out of the credit card price.