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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant 89,592,167 won and 39,663 among the plaintiff.
Reasons
1. In the first instance trial, the Plaintiff sought payment of each credit that the Defendant acquired from the National Bank and the SBI3 Savings Bank. The first instance court accepted only the claim based on the credit that the Defendant acquired from the National Bank, and dismissed the claim based on the credit that the SBI3 Savings Bank acquired from the National Bank.
This Court's judgment is limited to claims based on claims asserted by SBI3 Savings Bank dismissed by the court of first instance to have taken over from SBI3 Savings Bank.
2. Determination on the cause of the claim
A. Fact 1) The Defendant received a loan from the Choung Bank on April 2, 2003 and delayed payment of the principal and interest. As of June 9, 2010, the principal and interest of the loan in arrears were 39,63,886 won, and the principal and interest of the loan in arrears were 19,567,610 won (hereinafter “instant loan”).
(2) The instant loan claims were transferred on May 12, 2010 to the SBI3 Savings Bank (MoS3 Mutual Savings Bank, Inc., Ltd., prior to the change), through CBII3 Savings Bank, on June 21, 2013. The instant loan claims were transferred to the Plaintiff on June 21, 2013. The instant transfer of claims was notified to the Defendant at the time of the said transfer of claims.
3) Meanwhile, the loan in this case, which was overdue as of March 31, 2015, is KRW 89,592,167 (including principal KRW 39,63,886). The overdue interest rate set by the Plaintiff’s rules within the scope of the delay interest rate of the purchase claim is 17% per annum. [Grounds for recognition] Party A’s 1, 2, and 5 (each entry of the family identification card including the family identification number, and the purport of the whole pleadings.
B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the interest in arrears calculated at the rate of 17% per annum from March 31, 2015, to the date of full payment, as to the total amount of KRW 89,592,167, and the principal amount of KRW 39,663,886, among them.
3. The plaintiff's claim is justified, and the part against the plaintiff in the judgment of the court of first instance is unfair in conclusion.