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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.
Reasons
1. As of November 14, 2018, the Plaintiff filed a claim for overdue interest of KRW 14,438,130 as of November 13, 2018 (i.e., principal) (i., interest of KRW 6,420,923 up to March 31, 2015 at the time of transfer of KRW 1,201,350, the remaining interest of KRW 1,201,350 from April 1, 2015 to December 18, 2018; and (ii) the remaining interest of KRW 6,749,357, the cost remaining until December 18, 2018; and (iii) the principal amount of KRW 6,420,923 as of the above base date; (iv) the first instance court dismissed the remainder of KRW 301,250,000,000,000,000,000 won, excluding the remaining interest of KRW 301,51,501.
2. Amount of basic fact-finding loans: 28.5% per annum (29% per annum) on April 20, 2014.
A. The Defendant entered into a loan transaction agreement with C Co., Ltd. (hereinafter “C”) on March 13, 2013 and borrowed KRW 7.9 million from C.
(hereinafter referred to as “instant loan claim”). B.
The remaining principal of the instant loan claim as of March 31, 2015 is KRW 6,420,923, and the remaining interest is KRW 1,201,350.
C. On April 29, 2015, C entered into an asset transfer agreement between the Plaintiff and the Plaintiff to transfer the instant loan claim (as of March 31, 2015, the date when the subject claim becomes final and conclusive) and notified the Defendant of the above transfer. The notice of assignment of claims sent to the Defendant includes the following contents:
I have transferred all of his personal information (credit) and the following claims and all of all incidental rights to the Plaintiff on April 29, 2015, according to the contract for the sale of claims concluded as of April 29, 2015, I have to transfer the above assignment of claims pursuant to Article 450 of the Civil Act.