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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 463,142 as well as the full payment with respect thereto from April 29, 2014.
Reasons
1. Basic facts
A. On April 8, 2008, C Co., Ltd (hereinafter “Nonindicted Company”) entered into a loan transaction agreement (hereinafter “instant loan agreement”) with the Defendant on a set of five million won per annum, 49% per annum, and April 8, 2013 as the expiry date of the loan.
B. Under the loan agreement of this case, the non-party company remitted to the defendant a total of three million won on April 8, 2008 and the total of one million won on August 18, 2009, pursuant to the loan agreement of this case.
C. A claim under the instant loan agreement was transferred in sequence from the non-party company to D Co., Ltd. on September 28, 2012, and on February 22, 2014, to the Plaintiff. Such assignment of claim was notified to the Defendant by content-certified mail on July 22, 2014.
Of the loans under the instant loan agreement, the remaining principal of the loan that has not been repaid is KRW 463,142 as of April 28, 2014.
[Reasons for Recognition] Entry of Evidence Nos. 1 through 5, Results of the first instance court and the first instance court's financial transaction information inquiry into E Co., Ltd., the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the transferee of the claim under the loan agreement of this case, 463,142 won of the above loan principal, and damages for delay calculated at the rate of 12% per annum for the Plaintiff within the scope of interest rate of loan from April 29, 2014 to the date of full payment.
3. The plaintiff's claim should be accepted as reasonable.
Since the judgment of the court of first instance is unfair in conclusion with different conclusions, the plaintiff's appeal is accepted and revoked, and it is so decided as per Disposition by ordering the defendant to pay the above amount.