양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff and the Plaintiff Company Synovaf Loans (hereinafter “Synovaf Loans”) are loan companies registered under the Act on Registration of Credit Business, etc. and Protection of Finance Users.
B. On November 11, 2010, Symanf loans entered into a loan agreement with the Defendant on the terms of lending KRW 10,000,000 at an interest rate of 44% per annum, overdue interest rate of 44% per annum, and due date of repayment on November 10, 2015 (hereinafter “instant loan agreement”), and extended KRW 10,000,000 to the Defendant on the same day.
C. On September 24, 2016, Symanf loans concluded a contract between the Plaintiff and the Plaintiff to transfer a claim under the instant loan agreement (hereinafter “claim for the instant loan”), and delegated the Plaintiff with the authority to notify the transfer of the claim.
As of October 25, 2016, the Defendant did not repay the principal and interest and damages for delay under the instant loan agreement (hereinafter collectively referred to as “the principal and interest, etc.”) in total 14,180,664 won, and among them, the principal amount is KRW 9,76,757.
The overdue interest rate applied by the plaintiff is 34.9% per annum.
E. On June 15, 2017, the Plaintiff sent to the Defendant a notice of assignment of the claim of the instant loan on behalf of the Defendant, and submitted it to the court of first instance by documentary evidence (Evidence A 1).
The duplicate of the documentary evidence was served on July 5, 2017 on the defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim, the total amount of KRW 14,180,664 as of October 25, 2016, and the principal amount of KRW 9,766,757 as of October 26, 2016, with delay damages calculated at the rate of 34.9% per annum that the Plaintiff seeks from October 26, 2016 to the date of full payment.
3. In conclusion, the decision of the first instance court is just in conclusion, and the defendant's appeal is dismissed as it is without merit.