1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment under the following paragraph (2) shall be revoked.

2. The defendant shall be the plaintiff.

1. Facts of recognition;

A. On August 6, 2010, the Defendant purchased 7 tons of car trucks (hereinafter “instant vehicle”) and received a loan by setting the interest rate of KRW 84 million from Hyundai Macks Co., Ltd. (hereinafter “Momans”) at the rate of 9.5%, the period of 60 months in equal installments, and the interest rate of arrears at 24%. In order to raise funds for purchase of the instant vehicle, the Defendant set up a collateral security on the instant vehicle to Hyundai Macks social.

B. After that, on October 4, 2012, Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) acquired the above loan claims against the Defendant from Hyundai Myman social, and appropriated part of the above loan claims by receiving some amount of money in the public sale procedure on the instant vehicle, and transferred the above loan claims to the Plaintiff again on May 23, 2016.

C. As of December 2, 2016, as of December 2, 2016, the Defendant delays the principal amounting to KRW 19,309,897, interest 18,175,416, total amounting to KRW 37,485,313.

[Ground of recognition] Facts without dispute, entry of Gap1 to 6 evidence, response results of an order of submission of financial transaction to modern capital of this court, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 37,485,313 won in total and the principal of the loan 19,309,897 won, which is the day following the service of the original copy of the instant payment order, from January 23, 2017 to August 23, 2018, which is deemed reasonable for the Defendant to dispute as to the existence and scope of the obligation to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the following day to the day of full payment.

In this regard, the defendant asserts to the effect that since Hyundai Capital brings about the instant vehicle on the condition that the remaining loan obligations are fully repaid, it does not remain the defendant's obligation.