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1. Revocation of a judgment of the first instance;
The defendant shall pay to the plaintiff KRW 7,647,013 and KRW 4,804,023 from June 6, 2018.
Reasons
1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) the entries in Gap's evidence Nos. 1 through 4; and (c) the fact inquiry results with respect to the chief of the C Business Support
D Co., Ltd. extended a loan to the Defendant on March 25, 2015, 38 months of the lending period, 29.5% of the interest rate, 34% per annum, and 7 million won per annum.
(hereinafter “instant loan claim”). B.
D A. On July 7, 2017, when transferring the instant loan claim and its accompanying rights to the Plaintiff, D Co., Ltd. entrusted the power of notification of the assignment of claims. On July 27, 2017, the Plaintiff sent to the Defendant as the representative of D Co., Ltd. on April 30, 2017 notice of the assignment of claims stating that the Plaintiff would transfer KRW 5,852,546 (the principal and interest of the instant loan claim KRW 4,804,023 overdue interest of KRW 950,092, and other expenses KRW 98,431) to the Defendant by mail.
C. Meanwhile, as of June 5, 2018, the principal and interest, etc. of the instant loan claims as of June 5, 2018, calculated at the rate of 34% per annum, 7,647,013 [the principal and interest, etc. of the instant loan claims [the principal of KRW 5,852,546 (the principal principal of KRW 4,804,023 overdue interest of KRW 950,092 and other expenses 98,431)] 1,794,467 won 4,804,023 x 34% x 34% x 401/365 days from May 1, 2017 to June 5, 2018];
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan claim the amount of KRW 7,647,013, including the principal and interest of the instant loan claim, and damages for delay calculated at the rate of 34% per annum, which is the overdue interest rate from June 6, 2018 to the date of full payment, from June 6, 2018, with respect to the principal and interest of KRW 4,804,023.
3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair with different conclusions, so the judgment of the court of first instance is revoked by accepting the plaintiff's appeal and the judgment is ordered to order the defendant to pay the above amount, and it is so decided as per Disposition.