1. Revocation of the first instance judgment.

2. The Defendant’s KRW 5,960,205 and KRW 3,853,958 among the Plaintiff’s KRW 5,960,205 and the Plaintiff’s KRW 6,208.

1. Basic facts

A. On January 3, 2014, the Defendant obtained a loan of KRW 15,00,000 from the NAF Capital Co., Ltd. at an interest rate of KRW 25.99% and damages for delay at an interest rate of KRW 34.99% (hereinafter “instant loan”).

B. At the time of March 7, 2017, the Defendant’s debt principal of the instant loan was KRW 3,853,958, and overdue interest was KRW 868,58,583. On March 7, 2017, the Lochi Capital Co., Ltd. transferred the instant loan claim against the Defendant to the Plaintiff on March 7, 2017, and notified the Defendant.

C. As of February 5, 2018, the principal of the instant loan claim is KRW 3,853,958, and interest for delay is KRW 2,106,247.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim (i.e., KRW 3,853,958, KRW 2,106,247) and to pay damages for delay calculated at the rate of 34.99% per annum, which is the agreed damages for delay, from February 6, 2018 to the date of full payment.

3. The plaintiff's claim of this case should be accepted on the ground of the reasons.

The judgment of the court of first instance is unfair with different conclusions, and thus it is so decided as per Disposition by the assent of all participating Justices on the bench.