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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 11,626,265 and KRW 8,419,09.
Reasons
1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1-1, 2, and 2-6:
C Co., Ltd. entered into each of the following loan agreements with the Defendant, and loaned a total of KRW 9.1 million ( KRW 5.7 million).
(hereinafter referred to as "each of the loan loans in this case") on August 1, 2016: 5.7 million won loan period: 36 months interest rate: 25.9%) October 25, 2016: 3.4 million won loan period: 25.9%
B. On September 11, 2017, C Company entrusted the Plaintiff with the power to notify the assignment of claims while transferring each of the instant loan claims and all the rights incidental thereto. On September 28, 2017, the Plaintiff sent a notice of the assignment of claims to the Defendant by mail proving the content of the assignment of claims, as of July 1, 2017, as of August 1, 2017, the principal and interest of C Company 5,972,207 won (principal interest of KRW 5,147,268 interest interest of KRW 824,939) and the principal and interest of the loan claim of KRW 3,796,113 (principal principal KRW 3,271,831 interest interest of KRW 524,282) as of August 1, 2016.
C. Meanwhile, damages for delay calculated at the rate of 25.9% per annum, which is the agreed interest rate, from August 1, 2017 to June 7, 2018 sought by the Plaintiff, for the total amount of KRW 8,419,09 ( KRW 5,147,268, KRW 3,271,831) of the principal of each of the instant loans, are KRW 1,857,945 ( KRW 8,419,09 x 25.9% x 25.9% x ( KRW 311/365) from August 1, 2017 to June 7, 2018).
2. Determination
A. According to the facts of recognition as above, the Defendant: (a) as of June 7, 2018, the Plaintiff, the transferee of each of the instant loan claims, KRW 11,626,265 [the principal of the instant loan claims KRW 8,419,09 [the principal KRW 5,419,268 KRW 3,271 KRW 3,831%) up to July 31, 2017; (b) overdue interest of KRW 1,349,221 ( KRW 824,939 KRW 524,282 KRW 52%) up to June 1, 2017 until June 7, 2018; and (c) delay damages of KRW 8,419,09, KRW 99, the principal and interest of KRW 1,857,95 as of June 8, 2018, respectively, on the date of calculating the last damages for delay.