C On April 18, 2013, between the Defendant and the Defendant, C entered into a loan agreement for consumption (hereinafter “instant loan claim”) with the content that the period of repayment for the Defendant was set on September 18, 2013, and that the interest rate was set at 36% per annum, and that the Defendant lent KRW 40,000,000 per annum (hereinafter “the instant loan claim”). For the purpose of securing the instant loan claim, the registration of establishing a collateral with the maximum debt amount of KRW 52,00,000,000 for the purpose of securing the instant loan claim.

C on April 18, 2016, transferred the instant loan claims against the Defendant to the Plaintiff, notified the Defendant of the transfer, and made a supplementary registration before collateral security to the Plaintiff.

On December 28, 2016, the Plaintiff received dividends of KRW 19,601,949 as the second mortgagee in the Incheon District Court E Real Estate Auction case for the said real estate.

[Ground of recognition] The defendant is obligated to pay the remaining principal and interest of the loan claim of this case after deducting the above partial repayment amount from the plaintiff who acquired the loan claim of this case, according to the above facts finding that Gap's evidence Nos. 1 through 5 and the ground for a claim as to the purport of the whole argument.

The defendant's assertion and the defendant's argument that the defendant argued that the loan claim in this case was paid to C by September 2015.

C made a phone call to the Defendant on April 2014, and transferred the instant loan claim amounting to KRW 15,000,000 to the Plaintiff, and the Plaintiff directly made a reimbursement of KRW 20,000,000 in cash with the Plaintiff. On May 2016, the Plaintiff made a verbal promise that only KRW 20,000,000 should be paid in telephone conversations with the Defendant.

Therefore, the Defendant is obliged to pay only KRW 390,051, which remains after deducting KRW 19,601,949, which has been partially repaid at KRW 20,000,000.

Judgment

There is no evidence to acknowledge that the Defendant paid the agreed interest of the instant loan claims by September 2015.

The plaintiff is the defendant.