1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On May 23, 2008, a case loan Co., Ltd. (hereinafter “A case loan”) loaned 5 million won to the Defendant on the condition that the agreement was 48.545% per annum and 2.5 million won per annum on May 23, 2008.

(hereinafter “instant loans”). (b)

around June 21, 2013, A case loan transferred to the Plaintiff the claim for the instant loan against the Defendant, and notified the Defendant of the assignment of the claim at that time.

C. Meanwhile, as of June 17, 2015, the sum of the principal and interest of the instant loan claims as of June 17, 2015 is KRW 9,635,678 (i.e., principal amount of KRW 3,499,667 Won 6,136,01). The interest rate for delay determined by the Plaintiff’s business regulations within the scope of the agreed interest rate for the purchase claim is 17

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the assignee of the claim, the principal of KRW 9,635,678 and KRW 3,49,667, the delay damages at the rate of 17% per annum from June 18, 2015, which is the day following the last calculation date, to the day of full payment.

B. As to the judgment on the Defendant’s defense of repayment, the Defendant asserted that the instant loan should be considered to have been repaid in full, since the Defendant paid KRW 250,400 every 15 times from June 24, 2008 to April 6, 2010, and thereafter paid KRW 100,400 on July 30, 2010.

According to the statement of evidence Nos. 1 and 1, the fact that the defendant paid the above money is recognized, but even according to the defendant's assertion, it is difficult to view that the amount of the defendant's repayment (which is the last unit of KRW 400,000, and the total amount of the principal and interest repaid is merely KRW 3850,000,000) was fully repaid with the principal and interest of the loan in this case. The plaintiff's claim amount in this case is the principal and interest damages that were not paid as of June 17, 2015.