1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. On December 3, 2009, the Dispute Resolution Co., Ltd. lent KRW 400,000,000 to the Defendant without setting the due date (hereinafter “instant loan”).

B. On November 1, 2012, the Plaintiff entered into a contract for the transfer and takeover of the claim amounting to KRW 300,000,000 among the above loan claims (hereinafter “transfer of claim”). On November 2, 2012, the Plaintiff notified the Defendant of the transfer of claim by content-certified mail and reached the Defendant around that time.

2. The parties' assertion;

A. The Plaintiff’s summary of the Plaintiff’s assertion claims that KRW 300,000,00 among the instant loans that the Defendant acquired by the transfer of the instant claim, and also claims interest from December 3, 2009 to October 31, 2017, based on the premise that the Defendant is liable to pay interest, and the interest calculated at the rate of KRW 6% per annum from December 3, 2009, the delivery date of a copy of the instant complaint, and damages for delay from the next day to the date of full payment.

B. Defendant-Appellant 1) The Dispute Resolution Co., Ltd did not enter into an agreement with the Defendant to pay interest rate of 6% per annum in the instant loan. Therefore, the Defendant does not have an obligation to pay interest on the instant loan to the Dispute Resolution Co., Ltd., and there is no obligation to pay the Plaintiff the interest on the instant loan. 2) Even if the Dispute Resolution Co., Ltd did not notify the Defendant of a separate assignment of the credit, even if the interest payment obligation is recognized, the Plaintiff cannot claim the interest claim against the Defendant.

In addition, since the above interest claim is subject to the short-term extinctive prescription of three years, there is no obligation to pay inasmuch as the extinctive prescription of the interest claim accrued prior to October 17, 2014, which was later than three years from October 17, 2017, which was the time when the instant lawsuit was filed.

3. Determination

A. First of all, we examine whether the Defendant is liable to pay interest on the instant loan.

1 As to the agreed rate, Gap evidence Nos. 1, 3, 4, and Eul evidence No. 1 to 6.