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1. Revocation of the first instance judgment.
2. The defendant shall pay to the plaintiff KRW 3,993,914 as well as its full payment from December 4, 2002.
Reasons
1. Facts of recognition;
A. On June 7, 2002, C Co., Ltd. (hereinafter “C”) lent to the Defendant 4,00,000 won at an interest rate of 39% per annum, interest rate per annum, and on June 7, 2007, interest per month is repaid in installments and delayed repayment of the above amount (hereinafter “the instant loan claim”).
B. However, from December 3, 2002, the Defendant did not repay the principal and interest of the instant loan claims to C from December 3, 2002, and as of December 3, 2002, the remaining principal and interest of the instant loan were KRW 3,93,914.
C. C on March 30, 2007, transferred the instant loan claims to D Co., Ltd. (hereinafter “D”), and D delegated by C notified the Defendant of the assignment of claims at that time.
D In addition, D filed a lawsuit against the Defendant for the claim for the amount of loan (the principal 3,969,985 won) separate from the instant loan claim (the remaining principal 3,99,914 won) as Seoul Central District Court 2008Gaso2870954, and the above court rendered a judgment that accepted D’s claim on March 25, 2009, and the said judgment became final and conclusive around that time (hereinafter “final judgment”).
E. Meanwhile, on February 22, 2014, D transferred the instant loan claims to the Plaintiff, and the Plaintiff, upon delegation from D, notified the Defendant of the assignment of claims.
F. On December 31, 2018, the Plaintiff filed an application against the Defendant for a payment order to extend extinctive prescription with respect to the part of the instant loan claim in the final and conclusive judgment against the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above facts of determination, the Defendant calculated the interest rate of 39% per annum from December 4, 2002 to the date of full payment with respect to the remaining principal of the loan of this case and the interest rate of 39% per annum from December 4, 2002 to the date of full payment, to the Plaintiff, the final transferee of the loan of this case.