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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. On January 20, 2014, the Plaintiff concluded a credit transaction agreement with D to grant a loan of KRW 300 million at the maturity rate of 8.5% per annum (hereinafter “instant first loan agreement”) and a credit transaction agreement with D to grant a loan of KRW 600 million at the maturity rate of January 20, 2017 and at the rate of 8.9% per annum (hereinafter “instant second loan agreement”).
(Provided, however, if the performance is delayed or the benefit of the deadline is lost, the delay rate shall be 21% per annum if it is less than three months according to the delay period, 21.5% per annum if it is less than six months, 21.5% per annum if it exceeds six months, and 22% per annum if it exceeds six months, and it shall be applied to the total delay period calculated from the delay date.)
D As a doctor, from October 2007, the C Hospital was operated in Yongsan-gu, Yongsan-gu, Busan. However, on January 17, 2014, D transferred (hereinafter “the instant claim transferred”) the Plaintiff the claim for medical expenses based on the medical care benefit and medical care benefit under the National Health Insurance Act (hereinafter “the instant claim transferred”), which were already incurred or will be incurred until the amount reaches 21 billion won he/she owns against the Defendant, to secure each of the above loan obligations. On the same day, D notified the Defendant of the instant claim assignment by content-certified mail, and the above notification reached the Defendant around that time.
C. On January 20, 2014, the Defendant issued to D a certificate of seizure of claims for the attached medical expenses (hereinafter “instant certificate”) stating the following contents, and sent the certificate to the Plaintiff by facsimile.
E C AF
D. D, on January 20, 2015, the repayment period of KRW 300 million was extended on January 20, 2016, but D lost the benefit of all the obligations upon application for the commencement of rehabilitation procedures on January 29, 2015.
At that time, the principal of the loan obligations under the loan agreement of this case shall be KRW 300 million, and the principal of the loan obligations under the loan agreement of this case under the second loan agreement of this case.