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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. Basic facts
A. On August 28, 2001, the Defendant: (a) determined on August 28, 2001 as E&I Rour Day (hereinafter “E&I Rour Day”); (b) KRW 5,000,000 per annum; (c) interest rate of KRW 87.60 per annum; (d) interest rate of KRW 121.91 per annum; (e) interest rate of delay damages; and (e) August 28, 2006; (b) professional Legs Co., Ltd. (hereinafter “progs”); (c) interest rate of KRW 5,00,000; (d) interest rate of KRW 98.5% per annum; (e) interest rate of KRW 127.75% per annum (0.35% per day); and (e) concluded a loan agreement with each of the loans within the limit of loans extended by up to August 28, 2006; and (e) concluded a loan agreement with each of the loans on the entire balance on the loans.
B. On June 30, 2003, AWnives Day transferred the above loan claims against the Defendant ( principal KRW 3,841,439 and interest) to the Defendant, and progress Capital Co., Ltd. transferred the above loan claims against the Defendant ( principal KRW 2,668,107 and interest) to the Defendant on September 30, 2003. Bogress Capital transferred the above loan claims against the Defendant to the Plaintiff on December 12, 2003. The notification authority of each of the above assignment was delegated in sequence to the transferee.
C. On December 31, 2007, the Plaintiff filed a lawsuit in this case (Seoul Central District Court 2007Dada2749657) against the Defendant for the payment of each of the above loan claims. Since the decision on performance recommendation against the Defendant was not served on the recipient, the first instance court proceeded with the date for pleading by serving a copy of the complaint, etc. against the Defendant by public notice, and then on April 24, 2008, the court below rendered a decision in favor of the Plaintiff (hereinafter referred to as the “decision in favor of the first instance court”) to the effect that “the Defendant shall pay to the Plaintiff 38,348,291 won and 6,509,546 won with 30% interest per annum from December 14, 2007 to the date of full payment.”