양수금
1. The judgment of the court of first instance is modified as follows.
The defendant is the defendant's successor intervenor 6,925,626 won and 3,090 won among them.
1. Basic facts
A. On June 18, 2003, C Co., Ltd. (hereinafter “C Card”) entered into a loan agreement with the Defendant with “3,090,000 won”, “24.5% per annum,” “28% per annum,” “12 months,” and “payment method in installments on the date of repayment agreed each month,” and extended a loan to the Defendant KRW 3,090,000 (hereinafter “the instant loan”).
B. C Card was merged with D Co., Ltd. (hereinafter “D Bank”) on October 1, 2003.
C. When the Defendant was unable to repay the instant loan by the expiry date of the above loan period, on June 10, 2008, the D Bank filed a lawsuit against the Defendant for a loan claim against the Defendant to pay the instant loan at the Seoul Central District Court 2008da2068379, and on December 12, 2008, the said court rendered a judgment on December 12, 2008 that “the Defendant shall pay to D Bank 6,925,626 won and 3,090,000 won with 25% interest per annum from June 6, 2008 to the date of full payment (hereinafter “the judgment in the prior suit”). The judgment in the prior suit became final and conclusive on January 20, 2009.
D Bank concluded a contract for the transfer of the instant loan claims with the Plaintiff (hereinafter “Plaintiff”) on December 10, 2009, when entering into a contract for the transfer of the instant loan claims with the Plaintiff (hereinafter “Plaintiff”) on March 26, 2013, it entrusted the Plaintiff with the authority to notify the fact of the transfer of the said claim, and on May 4, 2010, the Plaintiff, as a mandatory, sent the notice of the transfer of claims indicating the said transfer of claims to the Defendant by content-certified mail.
E. On January 26, 2018, the Plaintiff entered into a contract on the transfer of the instant loan claims with the Intervenor succeeding to the Plaintiff, and delegated the Plaintiff’s right to notify the Plaintiff’s Intervenor of the assignment of claims, and the Plaintiff’s succeeding intervenor, as the mandatory, notified the Defendant of the assignment of claims on April 19, 2018.