양수금
1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 1,417,163 as well as the full payment with respect thereto from July 29, 2012.
Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 3 through 8, MS. Mutual Savings Bank transferred 2,00,000 won to the defendant on November 17, 201, with a loan interest rate of 38.9% per annum, and with a loan period of November 17, 2013 (hereinafter “instant loan”), and MP Mutual Savings Bank transferred the above loan to the defendant on March 31, 2012, and it submitted to the defendant on June 26, 2014 each of the above loans extended to the defendant on June 21, 2014 (the transfer of the loan to the defendant on May 10, 2013; the transfer of the loan to the defendant on June 26, 2014; the transfer of the loan to the defendant on June 21, 2012, and the transfer of the loan to the defendant on June 21, 2012 (the transfer of the loan to the defendant on June 21, 2014).
Therefore, the Defendant is obligated to pay interest rate of 38.9% per annum from July 29, 2012 to the date of full payment with respect to the Plaintiff, the final transferee of the instant loan claim, as well as the interest rate of 1,417,163 won and damages for delay from July 29, 2012 to the date of full payment. Thus, the Plaintiff’s claim of this case seeking this payment shall be accepted for the reasons.
The judgment of the court of first instance that differs from this conclusion has become final and conclusive as a result of the plaintiff's submission of evidence that corresponds to the cause of the claim, and thus, the court of first instance revokes this and ordering the payment of the above money.
With respect to the burden of litigation costs, the plaintiff shall submit evidence that corresponds to the cause of the claim at an appropriate time.