1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 18,250.

1. Basic facts

A. On July 21, 2014, the Defendant received a loan of KRW 10,00,000 from mountain and industrial loans (hereinafter “industrial and industrial loans”) at the maturity of payment on April 16, 2018; and at the rate of 34.894% per annum on the repayment method equal to the principal and interest repayment method; and at the rate of overdue interest and overdue interest; and

(hereinafter “instant loan”). (b)

From July 22, 2014, the Defendant lost the benefit of time due to the overdue repayment of the principal and interest.

C. On May 29, 2015, Mountain City: (a) transferred the instant loan claims to the Plaintiff; and (b) notified the Defendant of the assignment of claims on June 2, 2015; (c) on September 11, 2017, the Plaintiff transferred the instant loan claims to the Intervenor succeeding to the Plaintiff and notified the Defendant of the assignment of claims on October 10, 2017.

As of November 30, 2016, the principal and interest of the instant loan remains 18,250,280 won in total, including the principal and interest of 10,00,000 won, overdue interest of 8,250,280 won.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 8 and 9, and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Plaintiff received the instant loan claim from Busan District Court, and sought payment of the amount stated in the purport of the claim, but the Plaintiff transferred the instant loan claim to the Intervenor succeeding to the Plaintiff. As seen earlier, the Plaintiff’s claim based on the premise that the said claim was transferred to the Plaintiff is groundless.

B. According to the facts of recognition as to the claim of the Plaintiff’s succeeding intervenor, the Defendant is obligated to pay the Plaintiff’s succeeding intervenor the transferee of the instant loan interest amounting to KRW 18,250,280 and KRW 10,000,00 of the principal and interest of the loan and KRW 18,250,000,000, which are the date following the above calculation base date, to the agreed interest rate of KRW 34.894% per annum from December 1, 2016 to the date of full payment

On July 22, 2014, the defendant alleged that he/she repaid all of the loan obligations of this case to Masan, but the evidence No. 2, which seems to correspond to the defendant's assertion, does not exist to recognize the establishment of the petition.