양수금
1. The judgment of the court of first instance is modified as follows.
2. The defendant shall pay to the plaintiff KRW 13,279,897 and KRW 2,00,000 among them.
1. The plaintiff's ground for claim
A. C Co., Ltd (hereinafter “Nonindicted Company”) lent KRW 2,00,000 to the Defendant on October 27, 2014 under an agreement of 21.9% per annum on overdue interest rate (hereinafter “the first loan”), and ② on May 28, 2015, leased KRW 7,000,000 per annum under an agreement of 20.9% per annum on overdue interest rate.
(hereinafter referred to as "second loan"). (b)
On May 2, 2018, the defendant delayed the repayment of each of the above loans, and the non-party company transferred each of the above loans to the plaintiff to the defendant of the non-party company, and notified the defendant of the assignment of such loans.
C. At the time prior to the filing of the instant lawsuit, the amount of the loan was KRW 3,348,976 in total, including the amount of the loan in question, the amount of the loan in question was KRW 2,00,00 in total, KRW 1,010,576 in total, and KRW 338,40 in overdue interest, and KRW 2,025,233 in total, the amount of the loan in question was KRW 6,025,233 in principal, KRW 2,932,70 in total, KRW 972,918 in overdue interest.
2. Determination
A. However, the defendant did not appear in the pleading even after receiving the original order of payment and the notice of the date of pleading in a lawful way that is not in accordance with the service by public notice, and as it does not clearly dispute the plaintiff's above assertion, it shall be deemed that the defendant led to confession under Article 1
B. Therefore, with respect to the Plaintiff’s total sum of KRW 13,279,897 ( KRW 3,348,976, KRW 930,921) and KRW 2,00,00 of the principal of the first loan, the Defendant shall, upon the Plaintiff’s request, pay to the Plaintiff damages for delay calculated at the rate of 21.9% per annum from May 12, 2020 to the date of full payment, which is obvious from May 12, 2020 to the date of the delivery of the original copy of the instant payment order, and with respect to KRW 6,025,23 of the principal of the second loan, the interest rate per annum 20.9% per annum from May 12, 2020 to the date of the delivery of the original copy of the instant payment order to the Defendant as requested by the Plaintiff.