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1. The Defendant’s KRW 41,00,000 as well as 5% per annum from April 25, 2015 to September 22, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. C loaned a total of KRW 45 million to the Defendant, on June 15, 2009, KRW 300,000 per month, by setting and lending interest at KRW 300,000 per month, and on December 2, 2009, lent KRW 45,00,000,000 to the Defendant.
(hereinafter “instant loan”). (b)
The Defendant repaid C, around February 26, 201, KRW 10 million, and paid interest of KRW 300,000 per month until December 24, 2012, and paid KRW 120,000 on June 3, 2013, KRW 400,000 on July 2, 2013, and KRW 50,000 on January 6, 2014, respectively.
C. On April 2, 2015, C transferred to the Plaintiff the interest claim calculated at the rate of KRW 35 million among the instant loans and KRW 300,000 per month from December 25, 2012. On April 9, 2015, C sent the notice of assignment to the Defendant by content-certified mail, which reaches the Defendant around that time.
Grounds for recognition: A1-5 (including various numbers for each number), and the whole purport of the pleading.
2. Determination
A. The Plaintiff sought payment of KRW 35 million among the instant loans to the Defendant, 4,100,000,000,000,000 per month and interest calculated by the ratio of KRW 3,10,000 per month during the period from December 24, 2012 to March 24, 2015.
Then, from December 25, 2012 to March 24, 2015, interest amounting to KRW 8,100,000 (= KRW 300,000 x 27) on the instant loan. Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 35,00,000 of the principal of the instant loan and the interest amounting to KRW 8,10,000 from December 25, 2012 to March 24, 2015.
However, according to the above facts of recognition, it can be recognized that the defendant paid C a total of KRW 2.1 million after December 24, 2012, and thus, it should be deducted from the above KRW 43.1 million.
Article 451(2) of the Civil Act provides that “If the transferor has given notice of transfer, the obligor may oppose the assignee on the grounds that occurred in respect of the transferor until he has received such notice, the obligor may oppose the assignee.” Thus, the Defendant’s repayment to C prior to the notice of transfer of the instant loan is KRW 2.1 million.