양수금
1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 2,400,368 as well as the full payment with respect thereto from November 26, 2014.
According to the statements in Gap evidence Nos. 5 through 7 and 9, it can be acknowledged that the social loan corporation A&P (the trade name was changed to the social loan corporation, August 1, 2014) established and lent KRW 3,00,000 to the defendant on November 18, 2013 at the interest rate of 38.81% per annum and interest rate for delay, and at the due date of payment on November 18, 2016 (hereinafter “instant loan”). The above company transferred the instant loan to the plaintiff on January 31, 2015, and notified the defendant of the transfer thereof on February 13, 2015. Meanwhile, the plaintiff is the person who fully repaid the remaining amount of the loan of this case with the principal amount of KRW 2,40,368 as of November 25, 2014.
Therefore, the Defendant, as the final transferee of the instant loan claim, is obligated to pay to the Plaintiff the agreed interest or delay damages calculated at the rate of 38.81% per annum from November 26, 2014 to the date of full payment.
Therefore, the plaintiff's claim of this case is accepted on the ground of its reasoning, and since the judgment of the court of first instance is unfair on the ground of its conclusion, the plaintiff's appeal is accepted, and the judgment of the court of first instance is revoked and the defendant is ordered to pay the above amount.