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1. Revocation of the first instance judgment.
2. The Defendant’s KRW 5,602,203 as well as KRW 4,542,478 as to the Plaintiff on June 16, 2017.
Reasons
1. Basic facts
A. On April 23, 2015, upon B’s request, the Defendant requested B to grant a loan of KRW 10 million to B, a loan broker corporation, and B’s employees, known by B.
B. On April 23, 2015, A businesscom Company notified Mo Savings Bank Co., Ltd. (hereinafter “Modern Savings Bank”) of the above request. On the same day, Hyundai Savings Bank connected to the Defendant by telephone and confirmed the intent of the loan, and conducted a loan review.
C. The Defendant’s resident registration abstract, driver’s license, business registration certificate, value-added tax base certificate, income certificate, corporate bank and new bank’s financial transactions and withdrawals were submitted to the Hyundai Savings Bank.
The defendant on April 23, 2015
According to the loan review as described in paragraph (1), loans (hereinafter “instant loans”) were granted by Hyundai Savings Bank at a rate of KRW 29.9% interest rate, overdue interest rate of KRW 34.9%, and principal and interest rate of KRW 36 months.
On April 23, 2015, the Defendant received KRW 7 million from a new bank account under the name of the Defendant.
E. On March 24, 2017, the Defendant: (a) the principal of the instant loan that was not repaid to the Hyundai Savings Bank was KRW 4,542,478; and (b) the outstanding interest rate was KRW 716,600; (c) Hyundai Savings Bank notified the Defendant of the transfer of the instant loan claim against the Defendant on March 28, 2017.
F. As of June 15, 2017, the sum of the principal and interest of the instant loan claims as of June 15, 201 is KRW 5,602,203; among them, the principal is KRW 4,542,478.
[Reasons for Recognition] Facts without dispute, Gap's 2, 3, 7, 8, 9-1 through 14, and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the Defendant, the assignee of the instant loan claim, shall pay to the Plaintiff KRW 5,602,203 as well as KRW 4,542,478 as of June 16, 2017, which is the following day of the above base date.