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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 11,264,838 and 3,98 among them.
Reasons
1. The scope of this Court’s trial in the first instance trial against the Defendant, the Plaintiff sought from HKK Mutual Savings Bank the payment of the acquisition money, the acquisition money from sc&b investment loan, and the first instance court dismissed the claim for the payment of the acquisition money from sc&b Capital, and accepted the remainder of the claim.
Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim for the payment of the transfer money from the above sag Capital.
2. According to the overall purport of Gap evidence Nos. 1, 5, 8, and 9-1 and 2 of the evidence Nos. 1, 8, and 9-2 as to the cause of the claim, the defendant entered into a loan transaction agreement with the social company E&A and the loan limit of KRW 7 million, the first used amount of KRW 2.6 million, the first used amount of KRW 2.6 million, April 24, 201, the agreed interest rate and delay damages rate of KRW 48.54% per annum on April 24, 2008, and thus, the defendant's obligation is the obligation of the loan of this case.
(2) As of March 20, 2014, the Defendant’s debt of the instant loan as of March 20, 2014, on the following grounds: (a) on April 30, 2010, transferred a loan claim against the Defendant to YAP loan company; (b) on June 21, 2013, the YAP loan company transferred the said claim against the Defendant to the Plaintiff; (c) on the delegation of the notification of the assignment of claim from the YAP loan company, the Plaintiff notified the Defendant of the assignment of the assignment of claim on or around March 31, 2014; and (d) on March 20, 2014, the Defendant’s debt of the instant loan as of March 20, 2014, constitutes the principal amount of the loan and interest and delay damages, KRW 7,266,032, total KRW 11,264,838.
According to the above facts, the defendant is calculated at the rate of 11,264,838 won, the sum of the principal and interest of the loan, and 3,98,806 won, which are the principal and interest of the loan, within the scope of the agreed delay interest rate from March 21, 2014 to the date of full payment, calculated at the rate of 17% per annum, which is the interest rate of delay damages determined by the plaintiff.