A. A. Around October 23, 2002, the Daiam Saemaul Community Fund established a loan with a loan limit of KRW 300,000,000, the loan extended to the Defendant on October 23, 2004, interest rate of KRW 12% per annum, and damages for delay rate of KRW 22% per annum (hereinafter referred to as “instant loan claim,” and the contract constituting the basis for the said loan transaction is “the instant loan contract.”

(2) On February 22, 2008, the Korea Saemaul Savings Depository transferred all of the instant loans to the Korea Saemaul Savings Depository Federation and delegated the authority to notify the transfer, and on December 1, 2014, the Korea Saemaul Savings Depository Federation notified the Defendant of the assignment of the loans on behalf of the Korea Saemaul Savings Depository.

3) On April 18, 2014, the Korean Federation of Community Credit Cooperatives re-transfer the instant loan claims to the Plaintiff and notified the Defendant of the assignment of claims on or around December 1, 2014. 4) On the basis of the date of closing argument of the instant case, the amount of the instant loan claims is KRW 208,85,440, including the principal amount, KRW 113,252,083, interest KRW 95,603, and KRW 95,603,357.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from March 12, 2015 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order, sought by the Plaintiff with respect to the principal of KRW 208,85,440 and the principal of KRW 113,252,083.

2. Judgment on the defendant's assertion

A. The defendant asserts to the effect that, only formally in the process of raising funds by B, the representative director of the above company is only a person who has signed the loan agreement, and that he does not have any obligation to repay the loan.

However, who is the party to the contract is a matter of interpretation of the intention of the party involved in the contract.