양수금
1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 3,00,000 as well as the full payment with respect thereto from January 23, 2016.
1. The Defendant entered into a loan agreement with the Business Love Loan Co., Ltd. (hereinafter “Business Love Loan”) on January 22, 2016, setting the interest rate and delay damages rate as 34.9% per annum until January 22, 2021, and borrowed KRW 3,00,000 from the Business Love Loan.
On May 4, 2016, the Business Love Loan transferred to the Plaintiff the above loans and delayed damages claims against the Defendant, and notified the Defendant of the above transfer on May 18, 2016.
Both the Business Love Loan and the Plaintiff are both companies that engage in credit business after registering in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. If so, the Defendant is liable to pay to the Plaintiff, a transferee, the amount of KRW 3,00,000 of the principal of the loan as well as damages for delay calculated by the agreement rate of KRW 34.9% per annum from January 23, 2016 to the date of full payment, as the Plaintiff seeks.
3. In conclusion, the plaintiff's claim is accepted on the ground of its reasoning. Since the judgment of the court of first instance is unfair as a result of the plaintiff's submission of evidence corresponding to the cause of claim, it should reach the appellate court, it accepted the plaintiff's appeal and revoked it, and ordered the defendant to pay the above money. Such circumstance constitutes a delay of litigation due to the cause attributable to the plaintiff, and thus, it is so decided as per Disposition by applying Articles 98, 100, and 105 of the Civil Procedure Act to the plaintiff's total costs