1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

The judgment on the cause of the claim is affirmed by the Plaintiff’s claim against the Defendant for the payment of KRW 12,219,307, which was taken over from Hyundai Capital Co., Ltd., and added to the purport of the entire pleadings in the evidence Nos. 1 through 4, Hyundai Capital Co., Ltd. entered into a loan agreement with the Defendant on September 28, 2009 at the rate of KRW 32,70,000, interest rate of KRW 25% per annum, and Hyundai Capital Co., Ltd. on May 20, 2016 upon the Defendant’s delinquency in repayment of the above loan from June 5, 2012, it is clear that Hyundai Capital Co., Ltd transferred the remaining credit amount of KRW 12,219,307 (= principal of KRW 5,308,764, interest rate of KRW 6,910,543) to the Defendant on May 20, 2016.

According to the above facts, since the plaintiff lawfully acquired a loan claim under a loan contract concluded between Hyundai Capital Co., Ltd. and the defendant, and notified the defendant of the transfer of the claim through the service of the original copy of the payment order of this case, the defendant is obligated to pay to the plaintiff the amount of KRW 12,219,307 and KRW 5,308,764 which is the day following the delivery date of the original copy of the payment order of this case to the day of full payment, unless there are special circumstances.

The defendant's defense to the effect that the defendant is not liable for the repayment to the defendant, since S.C. Co., Ltd.'s defense to the effect that the defendant is exempted from the defendant's obligation.

However, inasmuch as the assumption of an obligation becomes effective with the consent of the obligee (Article 454(1) of the Civil Act), there is no assertion or proof by the Defendant regarding the assumption of an obligation by Hyundai Capital Co., Ltd. or the Plaintiff’s acceptance of the assumption of an obligation.