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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
The defendant shall pay to the plaintiff 18,954,776 won and its weight5,801.
Reasons
1. The scope of the adjudication of this court claimed against the defendant for the payment of the claims that the plaintiff acquired from the Jinhan Saemaul Savings Bank and the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”), and the court of the first instance dismissed the claims in full regarding the claims that the plaintiff acquired from the Solomon Savings Bank, and the claims that the plaintiff asserted that he acquired from the Solomon Savings Bank were dismissed.
Therefore, since only the plaintiff appealed against the losing part, the subject of the judgment of this court is limited to the claim for the amount of the principal 5,801,932 won and interest interest 13,152,844 won, which are claimed to have been acquired from the Solomon Savings Bank dismissed by the court of first instance.
2. Determination as to the cause of action
A. 1) The Defendant, upon receiving a credit card from the National Card Company, did not pay the credit card use price after using the credit card. 2) The Solomon Savings Bank applied for a payment order against the Defendant as Seoul Central District Court 2009 tea 45933 with respect to the credit card use price so transferred. The above court ordered to pay the Defendant to Solomon Savings Bank at the rate of 24% per annum from July 24, 2009 to the day of full payment. The above payment order was finalized on August 20, 2009.
3) On December 10, 2009, the Solomon Savings Bank transferred to the Plaintiff the claim based on the above payment order. Around that time, the Defendant notified the Defendant of the assignment of the above claim. On the other hand, as of August 17, 2014, the Defendant’s total debt amounting to KRW 18,954,776 (= principal interest interest of KRW 5,801,932, interest of KRW 13,152,844). The Defendant’s credit recovery fund consignment claim, which is the Plaintiff’s business regulations, is KRW 5.