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1. The judgment of the court of first instance is modified as follows according to the succession participation made at the trial. A.
The plaintiff's claim.
Reasons
1. Basic facts
A. C, on May 23, 2003, as the agreed interest rate of 56.3% per annum, and damages for delay rate of 36% per annum, and as a credit financial institution authorized pursuant to Article 6(1) of the former Mutual Savings Banks Act (amended by Act No. 8863 of Feb. 29, 2008), the instant loan agreement does not apply to the Interest Limitation Act, and is governed by the Act on Registration of Credit Business, etc. and Protection of Finance Users, and its Enforcement Decree, and thus, there is no problem over exceeding the interest limitation rate under the Interest Limitation Act. On August 31, 2003, 200, the loan amount of 1,000,000 won was extended (hereinafter “instant loan”), and the Defendant jointly and severally guaranteed the obligation of the above loan (hereinafter “instant loan”).
B. C lost the benefit of time due to the delinquency in paying the interest on the instant loan, and on April 6, 2008, C remains liable for the principal amount of KRW 850,146, interest of KRW 56,863, interest of KRW 1,540,888 as of April 6, 208.
C. After being declared bankrupt, the Plaintiff was appointed as a bankruptcy trustee. On October 2, 2014, the Plaintiff transferred the instant loans to the Intervenor succeeding to the Plaintiff to the Plaintiff, Korea Mutual Savings Bank, and on November 30, 2015, notified the Defendant of the assignment of the claims and reached around that time.
[Reasons for Recognition] Facts without dispute and purport of whole pleading
2. Determination
A. According to the facts based on the judgment as to the cause of the claim, and it is recognized that the plaintiff transferred the claim for the loan of this case to the intervenor succeeding to the plaintiff. Thus, the plaintiff's claim against the defendant has no evidence to acknowledge that the plaintiff is the creditor against the defendant, and the defendant does not have any reason. The defendant's claim against the plaintiff as to the plaintiff succeeding to the plaintiff as the transferee of the loan of this case (i.e., the balance of 850,146 won interest of 1,540,863 won and delay damages of 56,863 won) and its importance.