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1.The judgment of the first instance shall be modified as follows:
The defendant will pay KRW 4,175,717 to the plaintiff succeeding intervenor.
Reasons
1. In full view of the written evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the authenticity of the entire document is presumed to have been established, as there is no dispute over the part of the Defendant’s seal impressions. The Defendant asserted that the seal was stolen, but no evidence exists to acknowledge it) and the purport of the entire pleadings, the Plaintiff entered into a contract with the Defendant on January 19, 2005, setting the loan amount of KRW 20,40,000 to the Defendant at 36 months of the loan period and interest rate of 10.5% per annum, and the Plaintiff’s succeeding intervenor took over the claim from the Plaintiff on January 5, 2009, KRW 4,175,717 of the loan agreement of this case.
According to the above facts of recognition, the defendant is obligated to pay KRW 4,175,717 to the intervenor succeeding to the plaintiff, except in extenuating circumstances.
The Plaintiff’s succeeding intervenor did not explicitly modify the purport of the claim, but stated to the effect that the Plaintiff’s succeeding intervenor claims against the principal of the loan on the second date for pleading of the court (see, e.g., the document of November 1, 2016), and did not submit any data relating to the amount of the principal limited to the amount of the principal of the loan, out of the balance of the transferred loan (see, e.g., the document of November 1, 2016). As such, the Plaintiff’s succeeding intervenor’s claim for the loan amounting to KRW 4,162,729 (i.e., KRW 3,730,934, KRW 431,795) as of May 8, 206 (i.e., KRW 3,730,934), even though the amount of the loan was acquired on January 5, 2009, the amount of the loan amount transferred by the Plaintiff’s succeeding intervenor included expenses, interest,
2. The judgment of the defendant's assertion is that the amount paid from February 1, 2005 to July 27, 2007, including the sales price of the vehicle purchased under the loan contract of this case, is KRW 20,331,363, and the above vehicle is recovered and returned to the plaintiff.