양수금
1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 4,00,000 as well as the full payment with respect thereto from May 27, 2011.
According to the statement in Gap evidence Nos. 1 through 5, on April 26, 2011, it loaned KRW 5,000,000 per annum, interest rate of KRW 44% per annum, and interest rate of KRW 4,00,000 per annum on April 26, 2016 (hereinafter "the instant loan") to the defendant, and on December 30, 2011, the said company given the defendant a loan of KRW 4,00,000,00 (hereinafter "the instant loan"), and on February 22, 2014, it can be acknowledged that the said company transferred the instant loan loan claim to the plaintiff (from the ice Loan Co., Ltd. to the current trade name as of April 22, 2014) in succession, and notified the defendant of the said transfer on or around March 20, 2014.
Therefore, the Defendant, as the final transferee of the instant loan claim, is obligated to pay the Plaintiff the interest or delay damages calculated at the rate of 39% per annum, which the Plaintiff seeks, within the scope of the agreed interest rate and delay damages rate from May 27, 201 to the date of full payment, as sought by the Plaintiff.
Therefore, the plaintiff's claim of this case is accepted on the ground of its reasoning, and since the judgment of the court of first instance is unfair on the ground of its conclusion, the plaintiff's appeal is accepted, and the judgment of the court of first instance is revoked and the defendant is ordered to pay the above amount.