양수금
1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 1,277,873 as well as its full payment from September 7, 2013.
According to Gap evidence Nos. 1 through 4, on February 20, 2003, 2000 2,100,000 won were determined and lent to the defendant as interest rate of 65.7% per annum, interest rate of 65.92% per annum, interest rate of 65.92% per annum, and February 20, 2008 (hereinafter "the loan of this case"), and the above company on February 28, 2006, transferred to the plaintiff on February 22, 2014 and notified the defendant of the loan principal of this case around April 23, 2014. The loan of this case exceeded the loan principal of this case and the loan of this case was extended to 37.7% per annum, and the loan of this case was extended to 207.37%.
Therefore, the Defendant is obligated to pay to the Plaintiff, who is the final transferee of the instant loan claim, the interest and delay damages calculated at the rate of 39% per annum within the scope of the agreed interest rate from September 7, 2013 to the date of full payment. As such, the Plaintiff’s claim for this case shall be accepted on the grounds of its reasoning.
The judgment of the court of first instance that differs from this conclusion has become final and conclusive as a result of the plaintiff's submission of evidence that corresponds to the cause of the claim, and thus, the court of first instance revokes this and ordering the payment of the above money.
As to the burden of litigation costs, the first instance court dismissed the claim due to the Plaintiff’s failure to submit evidence corresponding to the cause of the claim at an appropriate time, and the evidence related thereto was presented to the appellate court. The portion exceeding the litigation costs in the first instance court is not generated if the Plaintiff performed the lawsuit normally, and this portion is on the ground that the Plaintiff should be responsible.