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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 9,052,854 and 5,459 among them.
Reasons
1. The scope of the judgment of this court in the first instance filed a claim against the Defendant for each of the loans that the Plaintiff acquired from the Bosg Capital and the Yong-gu Saemaeul Fund. The court of first instance accepted only the claim for the loans of the principal amount of KRW 2,00,000 that the Plaintiff acquired from the Bosg Capital and dismissed the claim for the loans that the Plaintiff acquired from the Yong-gu Saemaeul Fund.
Since only the plaintiff appealed against this, the scope of the judgment of this court is limited to the claims for loans that the plaintiff acquired from the Yongsan-gu Saemaul Bank.
2. Determination as to the cause of claim
A. 1) On November 26, 2002, the Yongsan-gu Saemaeul Fund loaned KRW 5,400,000 to the Defendant at the interest rate of KRW 13% per annum, KRW 25% per annum, and KRW 12 months for the loan period. 2) On June 28, 2013, the Yongsan-gu Saemaul Fund transferred the above principal and interest claim to the Plaintiff. The Plaintiff was delegated with the authority to notify the assignment of claims from the Yongsan-gu Saemaul Fund, and the Plaintiff notified the Defendant of the assignment of claims on December 30, 2014 and reached the Defendant on January 23, 2015.
3) As of August 3, 2014, the principal and interest of the foregoing loan claim amounting to KRW 5,459,833 as principal and interest of KRW 3,593,021 as of KRW 9,052,854 as of KRW 3,054 as of KRW 3,00,052,854.
B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the loan claim from the Yongsan-gu Saemaul Bank at the rate of 17% per annum as claimed by the Plaintiff within the scope of the agreed damages rate of 9,052,854 won and the principal amount of 5,459,833 won from August 4, 2014 to the date of full payment.
3. If so, the plaintiff's claim of this case is reasonable, and therefore, the part against the plaintiff among the judgment of the court of first instance that partially different conclusions is unfair, so it is ordered to revoke this and order the defendant to pay the above amount.