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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
The defendant shall pay KRW 1,099,314 to the plaintiff.
2. Action.
Reasons
1. The scope of the judgment in this Court: (a) the Plaintiff filed a claim for overdue interest of KRW 15,510,570 on May 2, 2018 with respect to the principal and interest of KRW 15,510,570 (i.e., the remaining principal and interest of KRW 6,870,032 until August 31, 2014 at the time of transfer of the remaining principal and interest of KRW 1,09,314 won until August 31, 2014; and (b) the remaining interest of KRW 7,541,224 after transfer from September 1, 2014 to May 2, 2018; (c) the Plaintiff filed a claim for overdue interest of KRW 6,870,032 from May 3, 2018; (d) the court of first instance dismissed the Plaintiff’s claim, excluding the remaining interest of KRW 1,09,314 from August 31, 2014.
2. Basic facts
A. On April 22, 2013, the Defendant entered into a loan transaction agreement with C Co., Ltd. (hereinafter “C”) and received a loan of KRW 8 million from C (hereinafter “instant loan”).
(h) Future loan application amount: 8 million won application period: Interest rate of 36 months: 24.9% per annum (29.9%) repayment method: Principal and interest equality, etc.
B. The remainder of the principal at the time of August 31, 2014 of the instant loan claim is KRW 6,870,032, and the remainder interest is KRW 1,09,314.
C. On September 29, 2014, C entered into an asset transfer agreement between the Plaintiff and the Plaintiff to transfer the instant loan claim (as of August 31, 2014 on 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 would like to give notice of assignment of claims under Article 450 of the Civil Code because C corporation (transferr) transferred all of its claims and all of its incidental rights to A as of September 29, 2014 in accordance with an asset acquisition agreement concluded as of September 29, 2014.
In addition, the principal, interest, delay damages, and the rights of the guarantor according to the assignment of the above claims, shall be all other rights.