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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 17,239,369 and KRW 4,979,023 among the Plaintiff and the Plaintiff’s KRW 11,00 on August 11, 2018.
Reasons
1. On October 14, 2009, Co., Ltd. (hereinafter “C”) lent the loan amount of KRW 4.9 million to the Defendant on October 14, 2009, the interest rate of KRW 4.9 million per annum, KRW 48.6% per annum, KRW 49% per annum, and KRW 2 million as of October 13, 2014 on the expiration date of the loan (hereinafter “instant contract”) by determining the loan as of October 13, 201 (hereinafter “instant contract”), and the Defendant repeated repayment of the above loan principal and interest and additional loan until September 23, 201; (C transferred the above loan to the Plaintiff on December 28, 2012; and (d) notified the Defendant thereof at that time; and as of August 10, 2018, the remaining principal and interest of the above loan amount of KRW 4,979,023, interest and delay damages can be recognized as having no dispute between the parties or as to the entire arguments.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 43.8% per annum as to the remaining principal and interest of KRW 17,239,369 (=4,979,023 KRW 12,260,346) and the remaining principal and interest of KRW 4,979,023 from August 11, 2018 to the date of full payment.
2. Judgment on the defendant's defense of extinctive prescription
A. The Defendant asserts that: (a) the instant loan claim: (a) on November 23, 201, when the Defendant delayed the payment of interest for two months; (b) lost the benefit of time due to the full amount of principal and interest; (c) on October 19, 201, when the Defendant applied for individual rehabilitation pursuant to Article 12(1)5 of the Standard Terms and Conditions for Loan Transactions; (b) on the first day for pleading of the first instance trial, the Plaintiff led to the Plaintiff’s confession that the said claim was lost due interest at the time when the notice of the transfer of the instant loan claim was given (see, e.g., December 18, 2012), the extinctive prescription of the instant loan claim was completed by five years after the filing
B. We examine the loan transaction standard terms and conditions applicable to the instant contract according to the respective descriptions of Gap evidence Nos. 1-3 and 5-5.