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. Determination on the cause of the claim
(a)In fact, each of the facts under recognition may be found either in dispute between the parties or in Gap evidence Nos. 1 to 5 (including branch numbers; hereinafter the same shall apply) by taking into account the overall purport of the pleadings.
1) The Plaintiff is under the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation and the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) in order to support the debtor’s credit recovery and enhance the soundness of the assets of financial institutions by efficiently
(2) On April 4, 2002, the Defendant concluded a monetary loan agreement (the above agreement on interest rate and delay damages rate are valid, since the Credit Business Act, which provides for the limitation on interest rate at the time of the conclusion of this agreement, was enacted and implemented) between the credit service provider and the social loan company E&P, a registered credit service provider (former trade name: E&P No. 200,000, interest rate of KRW 73% per annum, and interest rate of KRW 109.5% per annum, and the money loan agreement (the above agreement on interest rate and delay damages rate is effective) between the non-performing debtor and the financial institution that has joined the “the Credit Finance Company Convention on the Credit Guarantee for Credit Recovery Support”.
3) On or around February 22, 2008, EA&P lending company’s social loan claims against the above loan on or around February 22, 2008 (hereinafter “YAF”)
(4) On July 27, 2005, the Defendant transferred the loan amount of KRW 10,000,000 to the Plaintiff on June 21, 2013, and notified the Defendant of the fact by content-certified mail, and on June 21, 2013, the loan amount of KRW 2,600,000 (the principal amount as of May 31, 2013) re-transfer to the Plaintiff. (4) On July 27, 2005, the Defendant is the lending limit of KRW 10,00,000, interest rate and delay damages rate of KRW 65.7% per annum