양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. In the first instance trial, the Plaintiff sought payment of the claims that the Defendant acquired from the C Bank and D Co., Ltd. (hereinafter “D”), and the first instance court accepted only the claims based on the claims that were acquired from D, and dismissed the claims based on the claims that the C Bank acquired from D.
Since only the defendant appealed against this, this Court's judgment is limited to the claim based on the claims asserted to have taken over from D cited in the court of first instance.
2. Facts of recognition;
A. On December 22, 2003, E Co., Ltd. (hereinafter “E”) lent KRW 1450,000 to the Defendant with interest rate of KRW 23% per annum, interest rate of delay compensation rate of KRW 29.9% per annum, and period of 12 months (hereinafter “instant loan”). After the instant loan was overdue, the decision of performance recommendation against the Defendant was finalized on August 4, 2005 by filing a lawsuit against the Defendant seeking the payment of the instant loan at the Incheon District Court 2005Gapo272912.
B. As of January 27, 2006, E transferred the instant loan claims to D and notified the Defendant of the fact of transfer on or around February 24, 2006. D transferred the instant loan claims to the Plaintiff as of January 5, 2009, and the Plaintiff notified the Defendant of the fact of transfer according to D’s delegation on or around March 23, 2009.
C. The instant loan is KRW 2,908,591 in total, the principal amount of KRW 845,835, interest and overdue interest of KRW 2,062,756 as of May 20, 2015, and the overdue interest rate of KRW 17% per annum determined by the Plaintiff’s business regulations within the scope of the delayed interest rate of the purchase claim.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings
3. The assertion and judgment
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 17% per annum from May 20, 2015 to the date of full payment with respect to KRW 2,908,591 and principal amount of KRW 845,835.