1. Revocation of the first instance judgment.

2. The Defendant’s KRW 12,564,349 and KRW 6,723,561 among the Plaintiff and the Plaintiff’s KRW 6,561 on February 6, 2018.

1. Basic facts

A. On December 23, 2013, the Defendant obtained a loan of KRW 10,00,000 from the NAF Capital Co., Ltd. at an interest rate of KRW 25.9% and damages for delay at an interest rate of KRW 34.99% (hereinafter “instant loan”).

B. At the time of August 27, 2015, the Defendant’s debt principal of the instant loan was KRW 6,723,561, and overdue interest was KRW 862,39,00,000. On October 14, 2015, the Lochi Capital Co., Ltd. notified the Defendant of the transfer of the instant loan claim against the Defendant.

C. As of February 5, 2018, the principal and interest of the instant loan claims are KRW 12,564,349, and among them, the principal and interest are KRW 6,723,561.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim, the amount of KRW 12,564,349, and the amount of KRW 6,723,561, whichever is the date following the above base date, the agreed delay damages rate of KRW 34.99% per annum from February 6, 2018 to the date of full payment.

3. The plaintiff's claim of this case should be accepted on the ground of the reasons.

The judgment of the court of first instance is unfair with different conclusions, and thus it is so decided as per Disposition by the assent of all participating Justices on the bench.