양수금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. On August 14, 2012, the Plaintiff loaned a loan of KRW 5 million to the Defendant at the interest rate of loan and interest rate of KRW 38.81% per annum, and the due date of repayment on August 14, 2015 (hereinafter “instant loan”). On March 29, 2013, the Plaintiff transferred the instant loan claim to the ice Capital Loan and completed the notification of transfer to the Defendant. On February 22, 2014, the Plaintiff asserted that the ice Capital Loan transferred the instant loan claim to the Plaintiff and completed the notification of transfer to the Defendant, and sought payment of the instant loan claim received from the Defendant.
2. According to the evidence No. 1, the defendant is detained on August 2, 2012, and until now in the military prison, it can be recognized that the defendant has been detained on August 2, 2012. Thus, the statement of evidence Nos. 2 and 3 submitted by the plaintiff cannot be acknowledged that the social loan of this case was granted to the defendant who is receiving a loan of this case, and there is no other evidence to acknowledge the fact of the lending of this case by the plaintiff.
3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, and it is revoked by the defendant's appeal and the plaintiff's claim is dismissed. It is so decided as per Disposition.