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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”) held the Defendant with a claim for a loan amounting to KRW 16,390,486 (i.e., total amount of KRW 14,376,240,014,246) based on principal amount. On December 10, 209, it notified the Plaintiff of the transfer of the claim for a loan amounting to KRW 14,376,240 among the claims, and on May 4, 2010, it transferred the claim for a loan amounting to KRW 2,014,246 to the Defendant on June 11, 2010, and notified the Defendant of the transfer of the claim amounting to KRW 2,014,246 to the Defendant on December 3, 2010.
B. On September 19, 2011, the Defendant made a request to the Plaintiff for debt settlement to the effect that “1. Debt and Assignment - The principal bears interest pursuant to the interest rate presented by the Plaintiff on the date of installment repayment, 16,390,486 won (i.e., 2,014,246 won 14,376,240 won) totaling the principal amount of the debt to the Solomon Mutual Savings Bank (i.e., 2,014,246 won) is transferred from the Solomon Mutual Savings Bank to the Plaintiff as of September 19, 201, and that the Plaintiff holds the above bonds as of September 19, 2011. 2. The Defendant made a request for debt settlement - The principal’s request for debt settlement - the principal does not demand any further reimbursement to the principal: Provided, That if the installment repayment is unredeemed on the date of installment repayment, I promised to bear interest pursuant to the overdue interest rate presented by the Plaintiff.”
C. As of December 27, 2016, the principal and interest of the above bonds that the Plaintiff acquired as of December 27, 2016 are KRW 59,89,538 in total (principal KRW 15,367,986, overdue interest KRW 44,531,552).
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant seeks to the Plaintiff who acquired the above claim within the scope of the overdue interest rate of KRW 59,89,538 and the principal of KRW 15,367,986 from December 28, 2016 to the date of full payment, which is the day following the base date for calculating overdue interest.