2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

The defendant is obligated to pay to the plaintiff 10,267,430 won and 3,749,939 won with 24% interest per annum from June 26, 2018 to the date of full payment.

2. Judgment on the defendant's assertion

A. The plaintiff alleged lack of a legitimate notification of assignment of claims is appointed as a trustee in bankruptcy due to the bankruptcy of A, not the defendant's claim against A.

Therefore, it is not necessary to give notice of assignment.

B. The Defendant asserts that the interest rate in hand is written, and Article 6-2 (1) 2 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) provides that where the loan contract is concluded with the opposite contractual party, the loan interest rate shall be written in writing by the opposite contractual party. The loan transaction contract of this case (A) does not state the interest rate in writing by the defendant, and thus, the contract on the part of interest shall be null and void.

Since the Credit Business Act only provides for the sanction against administrative fines (Article 21 (1) 5) against the violation of the above provision, it cannot be said that the part concerning the interest rate under the loan agreement of this case was not established solely on the ground that the above provision was violated.

In addition, the above provision of the Credit Business Act seems not to apply to credit financial institutions such as A (see Article 2 subparagraph 4 of the Credit Business Act and Article 2-2 of the Enforcement Decree of the Credit Business Act).

(A) Article 6-2(3)2 of the Credit Business Act and Article 6-2(3)2 of the same Act (in the case of entering into a loan agreement or guarantee agreement related to the agreement, i.e., a credit service provider shall enter the matters set forth in the subparagraphs of paragraph (1) or paragraph (2) in either of the following cases: