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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 13,485,894 and KRW 2,917,01.
Reasons
1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings as to Gap evidence Nos. 1-1-3 and evidence Nos. 3-6:
C A Co., Ltd. loaned each of the loans worth KRW 5 million to the Defendant, KRW 1.5 million on September 18, 2015 (hereinafter “Loan Claim as of September 8, 2015”); ② KRW 9.6 million on May 11, 2017 (hereinafter “Loan Claim as of May 11, 2017”); ③ KRW 6.5 million on July 3, 2017, respectively.
(hereinafter “Loan Claim as of July 3, 2017” and the total amount of each of the above Loan Claims is “each of the instant Loan Claims”). The amount of principal, overdue interest, and other expenses incurred from the credit as of September 18, 2015, KRW 2,917,01, KRW 568,883,883, KRW 3,485,894, KRW 9,2054, KRW 1,481,00, KRW 10,690,05, KRW 10,690,05, KRW 350,000 as of July 3, 2017, KRW 91, KRW 2030, KRW 960, KRW 7,522,163 as of September 18, 2015.
B. On March 20, 2018, C Co., Ltd. entrusted the Plaintiff with the power to notify the assignment of claims while transferring each of the instant loan claims and all the rights incidental thereto. On April 20, 2018, the Plaintiff sent a notice of assignment of claims to the Defendant as the representative of C Co., Ltd., as indicated below, by content-certified mail stating that the principal and interest of each of the instant loan claims are transferred as of February 28, 2018.
2. Determination
A. According to the above facts, with respect to the Plaintiff who acquired each of the loans of this case, the Defendant calculated at the rate of 6% per annum under the Commercial Act from March 1, 2018 to July 10, 2019, which is the date the judgment of first instance is rendered, as to the principal and interest of the loans of this case as of September 18, 2015, and 2,917,01 of the principal and interest of the loans of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment; damages for delay calculated at the rate of 10,690,05 won from the principal and interest of the loans of this case as of May 11, 2017; 9,209,054 from March 1, 2018 to the date of full payment; 16% per annum from the following day to July 10, 2019.