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1. Of the judgment of the court of first instance, KRW 2,018,059 against the Plaintiff and the Plaintiff shall be fully paid with respect to the Defendant from January 26, 2013.
Reasons
Facts of recognition
A. On September 12, 2002, the Defendant obtained a loan on September 12, 2002 by setting the loan interest rate of KRW 3 million from E&A Round (hereinafter “A&A”) on 87.60% per annum, the rate of delay damages, the rate of 89.425% per annum, and the period of the loan as of September 12, 2007.
B. 1) On August 30, 2013, A&P loan company transferred its credit to the Defendant, and notified the Defendant of the assignment of credit on September 3, 2013. 2) On February 22, 2014, A&P loan company transferred its credit to the Defendant and notified the Defendant of the said assignment of credit on May 23, 2014.
C. As to the instant loan claims, the Defendant repaid KRW 18,684,00,00 including the respective money as stated in the attached Table from September 30, 2002 to January 25, 2013.
[Based on the facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff the remaining money after he/she appropriated the loan No. 3 million won and the agreed loan interest rate of 87.60% per annum, interest rate of 89.425% per annum, delay damages rate of 89.425% per annum to the plaintiff, unless there are special circumstances.
In this regard, the defendant defense that the principal and interest of the loan of this case were paid in excess.
According to the evidence evidence No. 3, the remainder of the principal that the Defendant repaid from September 30, 2002 to March 11, 2008 according to the agreed rate set forth in the loan agreement of this case can be acknowledged as constituting 2,568,223 of the principal and the remainder of the repayment of the loan from March 11, 2008. According to Article 8 (1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 8700 of Dec. 21, 2007 and enforced March 22, 2008), a credit service provider is an individual or a person prescribed by Presidential Decree.