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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 2,974,462 as well as the full payment with respect thereto from February 14, 2017.
Reasons
1. Facts of recognition;
A. On January 7, 2016, the original loan Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) loaned KRW 2,974,462 to the Defendant on January 7, 201, with a loan interest rate of KRW 34.9% per annum and overdue interest rate of KRW 2,974,462 on January 7, 2021.
(hereinafter “instant claim”). (b)
On December 8, 2016, the non-party company transferred the instant claim to the Plaintiff, and the Plaintiff delegated the authority to notify the assignment of claims by the non-party company, on September 7, 2017, notified the Defendant of the fact of the assignment of claims upon delivery of a duplicate of the instant complaint.
C. Only until February 13, 2017, the Defendant repaid the principal and interest of the instant claim and lost the benefit of time thereafter. As of February 13, 2017, the instant claim remains in KRW 2,974,462.
[Ground of recognition] Facts without dispute, Gap 1-3, 5-9, 11, 13, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the transferee of the instant claim, the amount of KRW 2,974,462, and damages for delay calculated at the rate of 34.9% per annum, which is the interest rate on delay damages, from February 14, 2017 to the date of full payment.
3. Conclusion, the plaintiff's claim of this case should be accepted as reasonable.
Since the judgment of the court of first instance is unfair in conclusion with different conclusions, it is so decided as per Disposition by accepting the plaintiff's appeal and cancelling the judgment of the court of first instance and ordering the defendant to pay the above money.