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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 4,748,785 and 1,591 among them.
Reasons
1. In the first instance trial, the Plaintiff sought each payment of the loan claims against the Defendant, each of which was taken over from the Yes Capital Co., Ltd. (hereinafter “Gas Capital”), the Korea LAF, and the independent Saemaul Savings Depository. The first instance court accepted only the claims based on each of the loan claims that were taken over from the Korea LAF and the independent Saemaul Savings Depository, and dismissed the claims based on the loan claims that were taken over from the Gas Capital.
Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim based on the loan claim that is taken over from the above domin Capital.
2. Facts of recognition;
A. On July 15, 2008, the Defendant entered into a credit trading agreement with the social company E&P (hereinafter “foreign company”) with a limit of KRW 7,000,000, and received a loan from the non-party company on July 15, 201, by setting the lending limit of KRW 7,000,000 and July 15, 201.
B. On February 27, 2009, the non-party company transferred all of the loan claims against the defendant to Bosg Capital. On June 21, 2013, Bosg Capital transferred all of the loan claims to the plaintiff. The above assignment of claims was notified to the defendant.
C. As of November 17, 2013, the balance of the principal and interest of the above loan as of November 17, 2013 is KRW 4,748,785 (i.e., principal amount of KRW 1,591,854 or delay damages of KRW 3,156,931). The overdue interest rate determined by the Plaintiff within the scope of the agreed overdue interest rate of the above loan claim is 17%
[Reasons for Recognition] Evidence No. 1-1, Evidence No. 2, 3, Evidence No. 4-1 (i.e., Evidence No. 6-1), Evidence No. 5, Evidence No. 6-2, and the purport of the whole pleadings
3. According to the above-mentioned facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from November 18, 2013 to the day of full payment, with respect to KRW 4,748,785, and the principal amount of KRW 1,591,854, which is the day following the above base date.
4. If so, the plaintiff's claim of this case is presented.