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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Defendant entered into a loan agreement with the Credit Business Chain Co., Ltd. (hereinafter “Nonindicted Company”) which completed registration pursuant to the Act on the Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Nonindicted Company”) on Nov. 9, 2009, setting the loan agreement at the rate of KRW 3 million per annum, interest rate of loan, and overdue interest rate of KRW 48.96% per annum, and on April 15, 2012, and received the loan accordingly.
(hereinafter “instant loan”). (b)
On November 3, 2014, Nonparty Company transferred its claim for the instant loan to the Plaintiff, and notified the Defendant of the transfer of the said claim on or around December 1, 2014.
C. As of June 7, 2016, the remaining principal and interest of the instant loan is KRW 7,395,070 (i.e., the final and conclusive interest of KRW 2,459,295 until the relevant base date).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan claims, and to pay damages for delay calculated at the rate of 48.96% per annum, which is the agreed rate from June 8, 2016 to the date of full payment, for the remaining principal of KRW 7,395,070 as of June 7, 2016 and the remaining principal of KRW 2,459,295 as of the date of final calculation of interest.
The defendant asserts that the plaintiff's claim of this case is unjustifiable in light of the circumstances such as the current state of registration as a patient with serious illnesses, which constitutes the subject of limitation on debt collection. However, the defendant's assertion does not constitute a justifiable ground to refuse the plaintiff's claim of this case merely because the defendant asserts. Thus, the defendant's above assertion
3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.