양수금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. On July 26, 2010, SB Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) granted a loan of KRW 4,000,000 to the Defendant on July 26, 2010 at the maturity of payment on July 26, 2012 and at the interest rate of 23.9% per annum.
(hereinafter “the instant loan”). The instant loan is in the form of a comprehensive passbook loan (e.g., a loan by a small-scale passbook loan), and if interest is not paid during the loan period, it shall be extended to the principal by making the loan to the extent that interest is interest.
After the defendant's request, the loan period has been extended by one year, and the total amount of the principal of the loan and interest or delay damages as of September 9, 2013 is KRW 8,025,194.
B. On September 9, 2013, after the loan maturity, SB Savings Bank exchanged the instant loan on an exchange basis.
(New loan conditions: 36 months of loan period, repayment of principal and interest equal, interest rate of 17.9% per annum, interest rate of arrears rate of 29.9% per annum).
On September 24, 2015, the Plaintiff acquired the claim for the above loans from the SBA Savings Bank to the Defendant, and notified the Defendant of the assignment of claims on behalf of the SBA Savings Bank on February 26, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 5, 7, 8, 9, and the purport of the whole pleadings
2. Although the so-called substitution, which provides a new loan only formally without receiving funds, constitutes a separate loan, barring any special circumstance, the legal nature of the so-called substitution, which actually extends the maturity of the existing debt, is deemed to be a quasi-loan continuing to exist while maintaining the identity of the existing debt (see Supreme Court Decision 2011Da76426, Feb. 23, 2012). A quasi-loan for consumption, in principle, is recognized as identical between the existing debt and the new debt, and as a matter of principle, the extinction of the existing debt and the existing debt are nonexistent by a condition.