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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 to the plaintiff KRW 30,422,232 and 19,836.
Reasons
1. Determination as to the claim
A. A. Around December 30, 1996, the Defendant entered into a loan agreement (hereinafter “instant loan agreement”) with the credit union’s smuggling to repay excess loans as principal even if the loan limit exceeds the loan limit (hereinafter “instant loan agreement”).
According to the loan agreement of this case, the loan amount ( principal) by December 23, 1999 was KRW 19,836,290, and the attempted interest amount by March 20, 2014 was KRW 10,585,942.
The overdue interest rate claimed by the plaintiff is 17% per annum.
Meanwhile, around June 21, 2013, credit union smuggling transferred the claim for the instant loan to the Plaintiff, and notified the transfer of the claim at that time.
[Grounds for recognition] Gap 1, 2, 6, 7 and the purport of the whole pleadings
B. Accordingly, the Defendant is obligated to pay the Plaintiff the Plaintiff the instant loan claim amounting to KRW 30,422,232 (=the principal of the loan was attempted at KRW 19,836,290, and KRW 10,585,942) and delay damages.
(1) The court below accepted the plaintiff's appeal and revoked the part against the plaintiff in the judgment of the court of first instance, and ordered the payment of money recognized in the disposition against the defendant.