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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The text of the judgment of the court of first instance is set forth.
Reasons
1. Facts of recognition;
A. Around June 5, 2007, Accent Seoul (hereinafter referred to as Accent Seoul) provided loans to the Defendant at a normal rate of KRW 3,652,548 per annum 65.7% per annum, overdue interest rate of KRW 66% per annum, and June 4, 2010 on the expiration date of the contract.
B. On December 18, 2007, Es. S. S. S. Investment Co., Ltd. (after the change to Es. S. S. S. S. S. S. S. S.’s loan, the transfer of the above loan to the Defendant was notified to the Defendant on or around January 4, 2008 by taking over the above loan claims from the Defendant from Accent Seoul, and delegated both the authority and duties regarding the notification of the transfer of the loan. On October 19, 201, 201, Es. Investment notified the Defendant of the transfer of the above loan claims to the Defendant on or around October 19, 201.
C. The Defendant delayed the repayment of the above loan from July 3, 2009, and up to the time, KRW 3,604,301 out of the principal of the above loan was not repaid, and the overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on the above loan claims is 34.8% per annum. The overdue interest rate from July 3, 2009 to April 25, 2014 calculated in accordance with the above overdue interest rate is 6,041,242 won (=3,604,301 won per annum 34.8% per annum x 1758 days/365 days, and less than KRW).
【Fact- without dispute over the grounds for recognition, Gap evidence 1, 4, Gap evidence 3-1 and 2, the purport of the whole pleadings
2. Determination:
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay damages for delay calculated at the rate of 34.8% per annum from May 13, 2014 to the day after the delivery date of the instant payment order, which the Plaintiff seeks against KRW 9,644,789, which is the Plaintiff within the scope of KRW 9,645,543 ($3,604,301 + KRW 6,041,242) of the above principal and interest of the loan to the Plaintiff, a transferee of the instant loan claim, and the principal of which is KRW 3,604,301, among them, to the Plaintiff.
B. The defendant asserts that the above loan claim has expired by prescription, but the above loan claim has expired by prescription.