The defendant shall pay to the plaintiff KRW 47,426,350 as well as 5% per annum from October 9, 2014 to July 6, 2016 and the next day.

Basic Facts

Nonparty C (hereinafter “Nonindicted Party”) borrowed money from the Defendant at a high interest rate from February 16, 201 to February 17, 2014, and borrowed money to the bondholder, etc., and made a monetary transaction by again repaying the money to the Defendant.

Around August 2014, the Nonparty entered into a contract on the assignment of claims between the Plaintiff and the Nonparty with the content of “claim 61,088,250 won and interest claim of 20% per annum against the Defendant of the Nonparty,” and notified the Defendant of the assignment of claims around August 28, 201.

[Ground of recognition] Facts without dispute, Gap evidence No. 1 and Eul evidence No. 1, and the plaintiff non-party asserting the purport of the whole pleadings made payment to the defendant of the principal and interest exceeding 30% per annum under the Interest Limitation Act, which is the highest interest rate under the interest limitation Act. Thus, the defendant is obliged to pay the excess amount of KRW 50,604,904 and delay damages to the plaintiff as the assignee.

The principal purpose of the assignment of claims in this case is to allow litigation, and Article 6 of the Trust Act is to apply mutatis mutandis and null and void.

The defendant lent money to the non-party at a high interest rate, but the terms and conditions are diverse and it can not be recognized as repayment, so there is no right to claim the return of unjust enrichment.

On September 25, 2014, the instant claim assignment contract was prepared around August 2014, and was notified of the assignment of claims to the Defendant on or around September 28, 2014, and the instant lawsuit was filed on or around September 25, 2014, which did not reach one month thereafter. The Plaintiff changed the cause of the claim several times due to the Nonparty’s and the Defendant’s transaction details, and submitted the Nonparty’s confirmation document as evidence during which the Nonparty submitted it as evidence, and a criminal complaint was filed between the Nonparty and the lessee.