양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
1. On December 1, 2010, Defendant and the interest rate of 25.9% per annum, 36 months during the loan period, principal and interest on repayment method, 190,000 won in equal installments, handling fees, and 14th day from January 15, 201 of the repayment date (purchase details: franchise in 205 forms, vehicle number B, and hereinafter “instant automobile”) were leased to the Defendant (hereinafter “instant loan”). < Amended by Presidential Decree No. 22000, Dec. 1, 2010>
On June 19, 2014, the non-party company transferred the instant loan claims to the Plaintiff and notified the Defendant of the assignment of claims on July 10, 2014.
On December 31, 2014, the sum of principal and interest of the instant loan claims as of December 31, 2014 is KRW 28,957,484, and the principal is KRW 18,283,496.
[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 claim, 28,957,484 won totaling the principal and interest of the loan, and 18,283,496 won, whichever is the day following the delivery of a copy of the complaint of this case, as claimed by the Plaintiff, delay damages at the rate of 15% per annum from July 24, 2015 to the day of full payment.
Although the Defendant alleged that the instant buyer was to acquire the instant loan claims while selling the instant vehicle to Hyb Trading Co., Ltd. on July 26, 2011, the Defendant asserted that the said buyer was to acquire the instant loan claims, it is insufficient to accept the instant claim only with the descriptions of Nos. 1, 2, and 5, and there is no other evidence to acknowledge it.
We do not accept the defendant's argument.
3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.