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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 230,419 won to the plaintiff.
2. Action.
Reasons
1. The scope of the judgment in this Court: (a) the Plaintiff filed a claim for interest on KRW 9,347,203 (i.e., the principal and interest on loan claims as of July 23, 2018 (i.e., the principal amount of KRW 5,753,429) (i.e., the remaining interest accrued until May 27, 2016, from May 28, 2016 to July 23, 2018) and the principal of KRW 5,753,429, among which the Plaintiff acquired from the first instance court, from July 24, 2018; (b) the court of first instance dismissed the Plaintiff’s claim of KRW 230,419, supra, until May 27, 2016, and accepted the remainder of the claim with the exception of the said claim; and (c) the remainder of the claim against the Plaintiff shall be limited to the remainder of the base date of appeal 2016.
2. Basic facts
A. On December 22, 2015, the Defendant entered into a loan transaction agreement with C Co., Ltd. (hereinafter “C”) and received a loan of KRW 6 million from C (hereinafter “instant loan”).
(h) The loan interest rate of KRW 6 million: the agreed interest rate of 60 months from the date of loan: 34.9% per annum (the interest rate of delayed 34.9%): 15 days
B. At the time of May 27, 2016, the principal amount is KRW 5,753,429 as of the instant loan claim and the remaining interest is KRW 230,419.
C. On May 30, 2016, C entered into an asset transfer agreement between the Plaintiff and the Plaintiff to transfer the instant loan claim (as of May 27, 2016 on the date when the subject claim becomes final and conclusive) and notified the Defendant of the above transfer. The notice of assignment of claims sent to the Defendant includes the following contents:
I then notify you of the assignment of the above assignment of credit in accordance with Article 450 of the Civil Act, since I have transferred all of your personal (credit) information and all of his claims and all of all incidental rights as follows to I on or before May 30, 2016 pursuant to an asset acquisition agreement concluded on or after May 30, 2016.
The principal, interest, etc. according to the assignment of claims.