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The judgment of the first instance shall be revoked.
2. The Defendant shall pay to the Plaintiff KRW 2,987,540 as well as the full payment with respect thereto from July 31, 2015.
Reasons
1. Basic facts
A. On January 22, 2014, the Defendant borrowed KRW 3,000,000 from Nonparty C Co., Ltd. at an interest rate of 39% per annum, interest rate for delay damages, and the loan period of January 22, 2017 (hereinafter “instant loan claim”) and delayed payment of interest from July 31, 2015.
B. On August 28, 2015, C Co., Ltd. transferred each of the instant loans claims to Nonparty D Co., Ltd., and D Co., Ltd. to the Plaintiff on November 30, 2015, and each of the instant claims assignee entrusted with the authority to notify each of the instant claims assignment. On August 31, 2020, each of the instant claims assignee notified the Defendant of each of the instant loans claims by content-certified mail.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8, the purport of the whole pleadings
2. According to the facts found in the judgment as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the final transferee of the instant loan claim, 2,987,540 won, subtracting 12,460 won, the Plaintiff, who is the Plaintiff, from the principal of the instant loan claim, and damages for delay according to the agreed delay damages rate of 39% per annum from July 31, 2015 to the date of full payment.
3. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.
Inasmuch as the judgment of the court of first instance different conclusions are unfair, the plaintiff's appeal is accepted, and the judgment of the court of first instance is revoked and the defendant is ordered to pay the above money.