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1. The judgment of the court of first instance is modified as follows.
Plaintiff
The successor's claim is dismissed.
2. The total cost of the lawsuit.
Reasons
1. Basic facts
A. On January 4, 2012, the Plaintiff received an application for a loan under the name of the Defendant, and received the payment passbook transactions, health insurance qualification acquisition certificate, etc. under the Defendant’s name, and transferred KRW 15,00,000 to the Agricultural Cooperative Account in the Defendant’s name through telephone communications.
B. On January 17, 2012, the Plaintiff received a loan agreement in which the Defendant, the applicant for the loan, the amount of 15,000,000 won, the loan period of 36 months, the agreed interest rate of 27.9% per annum, and the overdue interest rate of 38.9% per annum, and submitted the Defendant’s seal.
C. Upon delay in the payment of interest on the above loan, the Plaintiff sent a content-certified mail to the Defendant that, on February 5, 2013, the benefit of time would be lost if it did not pay overdue interest by February 19, 2013.
On the other hand, on May 20, 2016, the Plaintiff transferred the above loan claims against the Defendant to the succeeding intervenor during the instant lawsuit pending, and at that time notified the Defendant of the assignment of claims.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, 8, 9, evidence Nos. 6-1 and 2, and the result of the order to submit financial transaction information to the Financial Supervisory Service by the court of the first instance to the Financial Supervisory Service, the purport of the whole pleadings
2. The parties' assertion
A. On January 4, 2012, the succeeding intervenor entered into a credit transaction agreement with the Plaintiff and the Defendant with a loan of KRW 15,00,000, the loan period of KRW 36 months, interest rate of KRW 27.9% per annum, overdue interest rate of KRW 38.99% per annum (hereinafter “instant credit transaction agreement”) and borrowed the said loan.
However, the Defendant lost the benefit of February 20, 2013 under the instant credit transaction contract by failing to repay the principal and interest from January 20, 2013.
Therefore, the Defendant’s principal and interest and damages for delay up to February 20, 2013, up to 12,221,031 won (i.e., the principal and interest and damages for delay up to 11,65,804 won (i.e., the principal and interest KRW 11,65,804 KRW 19,218), and the principal and interest of KRW 11,65,804.