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1.The judgment of the first instance shall be modified as follows:
Defendant: 12,978,684 won to the Intervenor succeeding to Plaintiff and 12,410 among them.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 4 through 8, 11, and 12:
The Defendant borrowed KRW 60,000,000 on December 1, 201 through Hyundai Social Co., Ltd., which was entrusted with loan brokerage business by Hyundai Social Co., Ltd., with a loan period of 36 months, loan interest rate of 17.9%, and an overdue interest rate of 29%.
(hereinafter “instant loan”). (b)
After that, the Defendant lost the benefit of time by delaying the repayment of the principal and interest of this case, and the principal and interest of this case, which was not paid as of September 5, 2012, are 12,978,684 won including the principal and interest of this case, unpaid interest, 53,154 won, delay damages, 35,371 won, etc.
C. On October 4, 2012, Hyundai Social Co., Ltd. transferred the instant principal and interest of loan to Hyundai Capital Co., Ltd., and notified the Defendant of the assignment of the claim on October 8 of the same year, and Hyundai Capital Co., Ltd. again transferred the claim to the Plaintiff’s successor on June 21, 2013 when the instant lawsuit was pending, and notified the Defendant of the assignment of the claim on March 20, 2014.
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff the total amount of principal and interest of KRW 12,978,684 and the principal amount of KRW 12,410,159, among them, to the Intervenor succeeding to the Plaintiff at the rate of 29% per annum, which is the overdue interest rate from September 6, 2012 to the date of full payment, which the Plaintiff seeks, after the Defendant lost the benefit of time.
3. Judgment on the defendant's assertion
A. First of all, the Defendant did not pay the loan to the vehicle seller, and the Defendant did not pay the vehicle to the vehicle seller. Thus, the Defendant did not make the loan.